Association for
Information and Image
Management
MS303-1980
6 7 8 9 10 11 12
. . .
tfcoru rap£A^
A SELECTIVE MICROFILM EDITION
' PARTI
(1850-1878)
Thomas E. Jeffrey
Microfilm Editor and Associate Editor
Paul B. Israel Susan Schultz
Assistant Editor Assistant Editor
Assistant Editors: Research Associates:
Toby Appel Robert Rosenberg
Keith A. Nier W. Bernard Carlson
Andre Millard
Student Assistants
John Deasey Pamela Kwiatkowskl
Leonard De Graaf Joseph P. Sullivan
David Fowler Barbara B. Tomblln
Leonard S. Reich, Associate Director and Associate Editor
Reese V. Jenkins, Director and Editor
Sponsors
Rutgers, The State University of New Jersey
National Park Service. Edison National Historic Site
New Jersey Historical Commission
Smithsonian Institution
University Publications of America
Frederick, Maryland
1985
Copyright © 1 985 by Rutgers, The State University
All Rights Reserved. Mo part of this publication including any portion of the guide and index or of the
microfilm may be reproduced, stored in a retrieval system, or transmitted in any form by any means— graphic,
electronic, mechanical, or chemical, including photocopying, recording or taping, or Information storage and
retrieval systems— without written permission of Rutgers, The State University of New Jersey, New Brunswick,
New Jersey.
The original documents in this edition are from the archives at the Edison National Historic Site at West
Orange, New Jersey.
BOARD OF SPONSORS
Rutgers, The State University of
Mew Jersey
Edward J. Bloustein
T. Alexander Pond
Tilden G. Edelstein
Richard P. McCormick
James Kirby Martin
Mew Jersey Historical Commission
Bernard Bush
Howard Green
National Park Service, Edison
National Historic Site
Roy W. Weaver
Edward J. Pershey
William Binnewies
LynnWightman
Elizabeth Aibro
Smithsonian institution
Brooke Hindle
Bernard Finn
EDITORIAL ADVISORY BOARD
James Brittain, Georgia Institute of Technology
Alfred D. Chandler, Harvard University
Neil Harris, University of Chicago
Thomas Parke Hughes, University of Pennsylvania
Arthur Link, Princeton University
Nathan Reingold. Smithsonian Institution
Robert C. Schofield. Iowa State University
CORPORATE ASSOCIATES
William C. Hittinger (chairman), RCA Corporation
•Arthur M Bueche. General Electric Company
Edward J. Bloustein. Rutgers. The State University of N J.
Cees Bruynes. North American Philips Corporation
Paul J. Christiansen, Charles Edison Fund
Philip F. Dietz, Westinghouse Electric Corporation
Paul Lego, Westinghouse Electric Corporation
Roland W. Schmitt, General Electric Corporation
Robert I. Smith, Public Service Electric and Gas Company
Harold W. Sonn, Public Service Electric and Gas Company
Morris Tanenbaum, AT&T
•Deceased
FINANCIAL CONTRIBUTORS
PRIVATE FOUNDATIONS
Alfred P. Sloan Foundation
Charles Edison Fund
The Hyde and Watson Foundation
Geraldine R. Dodge Foundation
PUBLIC FOUNDATIONS
National Science Foundation
National Endowment for the Humanities
PRIVATE CORPORATIONS AND INDIVIDUALS
Alabama Power Company
Amerada Hess Corporation
AT&T
Association of Edison Illuminating Companies
Battelle Memorial Institute Foundation
The Boston Edison Foundation
Cabot Corporation Foundation
Carolina Power and Ught Company
Consumers Power Company
Coming Glass Works Foundation
Duke Power Company
Edison Electric Institute
Exxon Corporation
General Electric Foundation
Gould Inc. Foundation
Gulf States Utilities Company
The Institute of Electrical & Electronics Engineers
International Brotherhood of Electrical Workers
Iowa Power and Light Company
Mr. and Mrs. Stanley H. Katz
Matsushita Electric Industrial Co., Ltd.
McGraw-Edison Company
Middle South Services, Inc.
Minnesota Power
New Jersey Bell Telephone Company
New York State Electric & Gas
Corporation
North American Philips Corporation
Philadelphia Electric Company
Philips International B.V.
Public Service Electric and Gas Company
RCA Corporation
Robert Bosch GmbH
Savannah Electric and Power Company
Schering Plough Foundation
Texas Utilities Company
Thomson-Brandt
Transamerica Delaval Inc.
Westinghouse Educational Foundation
Wisconsin Public Service Corporation
PUBLICATION AND MICROFILM
COPYING RESTRICTIONS
Reel duplication of the whole or of
any part of this film is prohibited.
In lieu of transcripts, however,
enlarged photocopies of selected
items contained on these reels
may be made in order to facilitate
research.
A NOTE ON THE SOURCES
The pages which were microfilmed for this collection
are in generally good condition in the original. There
are some pages, however, which due to age do not
reproduce satisfactorily. We have made every
technical effort to ensure complete legibility of each
and every page.
LITIGATION SERIES, 1875-1878
The Litigation Series includes the printed records of civil court
litigation, along with the records of Patent Office proceedings, which are
similar in many respects to litigation. These records consist of pleadings,
testimony, exhibits, attorneys' briefs and arguments, and decisions and
opinions of the court or hearing examiner.
During the 1870s Edison was embroiled in civil litigation relating to
his quadruplex and automatic telegraph patents. The Litigation Series
reproduces the printed record of one of the lawsuits contesting the patent
rights to Edison's quadruplex, as well as related Patent Office proceedings
which preceded the civil litigation. Although the Edison National Historic
Site has the printed record of only one of the suits, the "Quadruplex
Case," the exhibits in this record contain documents from other telegraph
litigation filed about the same time. The exhibits also include technical
drawings, agreements, patent applications and issued patents, and
correspondence. Together with the testimony, they provide valuable
information about the development of multiplex telegraphy, Edison's role
as an inventor and manufacturer of telegraph instruments, and the
multifarious financial arrangements which supported his inventive and
business activities.
A group of patent interferences constitutes another part of the
Litigation Series. The patent examiner placed patent applications in
interference when they embodied similar claims. The inventors were
notified and each was allowed time to take testimony and collect
evidence that would establish the priority of his own work. During the
1870s Edison was involved in numerous patent interferences concerning
the telephone, the telegraph, the electric pen, and other inventions.
However, the ENHS has the printed record only for those interferences
relating to the invention of the telephone.
In 1878 several of Edison's patent applications for the telephone
were declared to be in interference with applications of Alexander
Graham Beil, Elisha Gray, A.E. Dolbear, and others. Testimony, exhibits,
and arguments supporting the priority of the various inventors make up
the printed record. As in the telegraph litigation, the testimony of Edison
and his associates and the technical drawings that were submitted as
exhibits provide extensive documentation of the inventive activity in
Edison's Newark and Menlo Park laboratories.
Documents relating to civil court and Patent Office litigation
occasionally appear in the Document File and in other series on the
microfilm.
The litigation records have been filmed in the following orders
(1) Telegraph Litigation, five volumes.
(2) Telephone Interferences, seven volumes.
TELEGRAPH LITIGATION (QUADRUPLEX CASES)
The five volumes in this series relate to litigation involving several
of Edison's patent applications for duplex and quadruplex telegraphy.
Four of the volumes form a set with the general title "Cases and
Points" and the specific title "Quadruplex Case" on their spines. They are
numbered 70, 71, 72 and 73. Volumes 70, 71, and 73 contain a record of
the litigation in Atlantic and Pacific Telegraph Company v. George B.
Prescott, Western Union Telegraph Company, Lemuel W. Serrell and
Thomas A. Edison - the so-called Quadruplex Case. This suit was filed in
1876, went to trial in 1877, and was decided in favor of the defendants in
1878. Volume 72 contains Patent Office proceedings for 1875 and 1876
and closely related litigation which, like the Atlantic and Pacific suit,
involved the question of rights and title to seven Edison duplex and
quadruplex telegraph patent applications.
The four Quadruplex Case volumes were apparently given to Edison
by Everett P. Wheeler, an attorney for the Atlantic and Pacific Telegraph
Company. Each volume contains Wheeler's bookplate bearing the
inscription "Mr. Edison, from his friend Everett P. Wheeler." Volume 72
has been filmed first in the sequence because most of its documents
relate to Patent Office proceedings which chronologically precede the
Atlantic and Pacific suit contained in the other three volumes. The four
volumes have been filmed in their entirety, with a few exceptions that are
identified in the contents lists for the individual volumes.
The fifth volume, entitled Telegraph Law Cases-Miscellaneous. is
not part of the set given to Edison by Wheeler. It contains printed copies
of bills of complaint, answers, arguments, and briefs relating to Edison
telegraph litigation. Many of the items in this volume are duplicates of
documents in the Quadruplex Case volumes; these have not been refilmed.
Such items have been identified in the contents list for this volume.
A very complex nexus of litigation is represented in these five
volumes. In addition to the Patent Office litigation and the main case of
Atlantic and Pacific Telegraph Company v. Prescott et al., documents
from at least six other suits, filed during 1874-1878, appear in these five
volumes either as exhibits within the Atlantic and Pacific case or as
individual documents in the volume of Telegraph Law Cases. Most of
these suits relate to the question of ownership of Edison's quadruplex and
involve Edison, George Harrington, George Prescott, Western Union, and
the Atlantic and Pacific Telegraph Company in shifting combinations as
plaintiffs and defendants.
A chronological list of the litigation represented in the four
Quadruplex Case volumes and Telegraph Law Cases-Miscellaneous
follows.
A Chronological List of Litigation Represented by Documents in
Quadruplex Case (QC) Volumes 70-73 and in Telegraph Law Cases (TLC)
I. Daniel H. Craig and James B. Brown v. George Harrington, George
Little, Thomas A. Edison, the Automatic Telegraph Company and the
National Telegraph Company. Superior Court of the City of New York.
October 8, 1874.
1) A copy of the Bill of Complaint appears as Plaintiff's Exhibit
Z.8 in Atlantic and Pacific Telegraph Company v. Prescott et
aL, QC vol. 70.
II. In the matter of the application of George B. Prescott and Thomas A.
Edison for letters patent, dated August 19, 1874; opposed by George
Harrington, by petition dated January 23, 1875. (This proceeding is
entitled "Harrington and Edison v. Prescott" on some of the documents.)
1) Letters of George B. Prescott to the Commissioner of
Patents, in reference to the inventions conveyed by the
assignment of Thomas A. Edison for duplex and quadruplex
telegraphy. QC vol. 72.
2) Argument for Prescott. QC vol. 72.
3) Argument on behalf of Edison. QC vol. 72.
4) Statement of George Harrington of his relation with Thomas
A. Edison, and his improvements of fast telegraphy. QC vol. 72.
III. Western Union Telegraph Company v. Thomas A. Edison and George
B. Prescott. In Chancery of New Jersey. January 28, 1875.
1) Bill of Complaint and Injunction. TLC. A copy of the Bill of
Complaint only appears as Exhibit Z.6 in Atlantic and Pacific
Telegraph Company v. Prescott et al., QC vol. 70.
2) Answer of Thomas A. Edison. QC vol. 72.
IV. In the matter of the appeal of Edison and Harrington from the
decision of the Commissioner of Patents of March 20, 1875, to the Hon.
the Secretary of the Interior. (This proceeding is entitled "Harrington and
Edison v. Prescott" on some of the documents!)
1) Argument for Edison. QC vol. 72.
2) Argument of Smith and Redington of counsel. QC vol. 72.
3) Brief in behalf of Edison by Benjamin Butler. QC vol. 72.
4) Brief in behalf of George Harrington. QC vol. 72.
[List of litigation, p. 2]
5) Reply of counsel for Prescott to the respective briefs of
counsel for Edison and Harrington. TLC.
6) Brief in behalf of Harrington, in reply to briefs of counsel for
Prescott. QC vol. 72.
7) Affidavit of Thomas A. Edison in regard to his inventions of
duplex and quadruplex telegraphy. Notarized April 27, 1875.
(This item may be related to the 1875 Western Union v. Edison
and Prescott litigation rather than to the Patent Office appeal.)
QC vol. 72.
8) Argument for Prescott. This is a separate 14 page pamphlet
not found in the five bound volumes. It has been filmed
immediately following QC vol. 72.
V. In the matter of charges preferred by George B. Prescott against Z.F.
Wilber, a Principal Examiner in the United States Patent Office.
1) Letter of George B. Prescott to the Hon. R. Holland Duell,
Commissioner of Patents, preferring charges against Z.F. Wilber,
a Primary Examiner in the United States Patent Office.
December 18, 1875. QC vol. 72.
2) Brief of George B. Prescott. QC vol. 72.
3) Statement and brief of Z.F. Wilber, accompanied by critical
and explanatory notes by Prescott. QC vol. 72.
VI. Atlantic and Pacific Telegraph Company v. George B. Prescott,
Western Union Telegraph Company, Lemuel W. Serrell and Thomas A.
Edison. Superior Court of the City of New York. April 11, 1876. (The
"Quadruplex Case" presented in volumes 70, 71 and 73).
1) Amended Bill of Complaint. May 21, 1877. QC vol. 70.
2) Answer of George B. Prescott. May 13, 1876. QC vol. 70.
3) Answer of Thomas A. Edison. 1876. QC vol. 70.
4) Answer of Western Union Telegraph Company. May 28,
1877. QCvol. 70.
5) Answer of George B. Prescott to Amended Bill of
Complaint. May 28, 1877. QC vol. 70.
6) Plaintiff's Exhibits. QC vol. 70.
7) Testimony for Plaintiff. QC vol. 70.
8) Testimony for Defendants. QCvol. 71.
[List of litigation, p. 3]
9) Defendants' Exhibits. QC vol. 71.
10) Plaintiff's Testimony in Rebuttal and Exhibits put in on
cross-examination of Defendants' Witnesses. QC vol. 70.
11) Briefs, Arguments, Statements of Facts and Points. QC
vol. 73.
12) Findings. 3une 3, 1878. QC vol. 73.
13) Opinion. Sanford, 3. 3une 3, 1878. QC vol. 73.
VII. Thomas A. Edison and George Harrington v. Western Union
Telegraph Company; George B. Prescott: the Honorable R.H. Duell.
Commissioner of Patents; and the Honorable Z. Chandler, Secretary of
the Interior. Supreme Court of the District of Columbia. May 11, 1876.
1) Bill of Complaint. Appears as Exhibit 17 with the Bill of
Complaint in Western Union v. Harrington, Edison et al. TLC
(See numeral X below).
2) Brief on behalf of Complainants. TLC.
VIII. George Harrington and Thomas A. Edison v. Atlantic and Pacific
Telegraph Company and 3ay Gould. Southern District of New York. May
1) Bill of Complaint. Appears as Defendants' Exhibit 35 in
Atlantic and Pacific Telegraph Company v. Prescott et al. QC
vol. 71 (See numeral VI, 9 above).
IX. Thomas A. Edison and George Harrington v. Western Union Telegraph
Company and George B. Prescott. Southern District of New York.
October 23, 1876.
1) Bill of Complaint. Appears as part of Exhibit 18 with the
Bill of Complaint in Western Union v. Harrington. Edison et aL
TLC (See numeral X below).
2) Demurrer of Western Union. February 5, 1877. Appears as
part of Exhibit 18, cited above, TLC.
3) Demurrer of George B. Prescott. February 5, 1877. Appears
as part of Exhibit 18, cited above, TLC.
[List of litigation p.
X. Western Union Telegraph Company v. George Harrington; Thomas A.
Edison; Atlantic and Pacific Telegraph Company; 3ay Gould; Samuel Mills;
and Josiah C. Reiff; Thomas A. Edison, William M. Seyfert, William 3.
Palmer, Henry L. Dallett, 3r„ Augustus B. Ward, and Robert W. Russell as
Trustees of the American Automatic Telegraph Company; and George B.
Prescott. Superior Court of the City of New York. February 21, 1877.
1) Summons and Bill of Complaint. TLC.
2) Affidavits and Injunction Order. TLC.
Other Documents at the Edison National Historic Site
Relating to Telegraph Litigation (Not Filmed)
In addition to the five microfilmed volumes of telegraph litigation,
the Edison National Historic Site also has several other bound volumes and
printed briefs relating to the case of George Harrington and Thomas A.
Edison v. Atlantic and Pacific Telegraph Company and Jay Gould, which
was kept alive in the federal courts until 1913. (The bill of complaint in
this suit appears as Defendants' Exhibit 35 in Quadruplex Case Volume 71
on the microfilm.)
Exhibits and testimony from a 1905 hearing in the federal court for
the Southern District of New York appear in a 450-page volume entitled
Pleadings, Depositions and Proofs for Final Hearing. After deciding in
favor of Harrington and Edison, the district court referred the case to a
Master who was to conduct an accounting and fix damages. Testimony
and exhibits from this proceeding appear in an 814-page volume entitled
Testimony Before the Master. The archive at the Edison National
Historic Site also contains printed copies of briefs relating to subsequent
appeals of this case to the U.S. Circuit Court of Appeals and the U.S.
Supreme Court.
QUADRUPLEX CASE VOLUME 72 - CONTENTS
Hodg«?rlty °f InVention* Reducin8 an Invention to Practice by S.A.
pa™Phl!it reprinted from the American Law
Register for October and November, 1 %72. - -
referen^rL°fh»e-0rge5’ Prescott to the Commissioner of Patents in
z.zr^L .
9 page?. EXam,ner ln the United States Patent Office. December 18, 1875.
Patent Office. [1876]. 34 pages. ? Examlner ln the United States
against Wilber.TlIVe"] 55^1°' Charge$ Pfeferred by Prescott
B. P^Zeandf°4om^rASCp^ in tbe 7,atter of the application of George
i S7heSC0tt .n? Thomas A. Edison for letters patent, dated August 1 9 8
^fpage^05 Y Ge°rge HarrinSt°n- b7 Petition dated January 23, 1875.
LrrfrfT61? f°r u ' r* Edi.s?n in the matter of the appeal of Edison and
20, 1875°to the1 Hon °t the Commissioner of Patents of March
pages. ’ Secretary of the Interior. May 4, 1875. 15
S: hssiss 'omS" r.^n';tH“rine“" *nd “**>"
sstsiss “r“ ■«»
patent to issue to himself and George Harrington. [1875]. 58 pages.
[QC vol. 72 contents, p. 2]
12. Brief in behalf of George Harrington in the matter of Harrington and
Edison v. Prescott, upon application to the Honorable the Secretary of the
Interior for certain letters patent to issue to Thomas A. Edison and
George Harrington. [1875]. 9 pages.
13. Reply of counsel for Mr. George B. Prescott to the respective briefs
of B.F. Butler, Esq., counsel for Edison, and John H.B. Latrobe and
Leonard Myers, Esqs., counsel for Mr. Harrington, in the matter of the
appeal of Edison and Harrington from the decision of the Commissioner of
Patents of March 20, 1875, to the Secretary of the Interior.
Not filmed. Another copy with annotations in Edison's hand is
filmed in Telegraph Law Cases.
14. Brief in behalf of George Harrington, in reply to the briefs of counsel
for George Prescott in the matter of Harrington and Edison v. Prescott,
before the Secretary of the Interior. [1875]. 7 pages.
15. Bill of Complaint and Injunction. Western Union Telegraph Company
v. Thomas A. Edison and George B. Prescott. In Chancery of New Jersey.
January 28, 1875.
Not filmed. Another copy with annotations in Edison's hand
is filmed in Telegraph Law Cases.
16. Answer of Thomas A. Edison. Western Union Telegraph Company v.
Thomas A. Edison and George B. Prescott. In Chancery of New Jersey.
May 20, 1875. 29 pages.
17. Rules of Practice in the United States Patent Office. September
1875. 72 pages.
18. Affidavit of Thomas A. Edison in regard to his inventions of duplex
and quadruplex telegraphy. April 27, 1875. 21 pages.
19. Telepost. A System of Automatic Rapid Telegraphy. Advance
Prospectus No. 6538. Undated; ca. 1907-1908.
A 12 page circular containing information on the Telepost
system. Its developer, Patrick B. Delany, was an associate of
Edison's in the Automatic Telegraph Company during the early
1870s.
20. Argument for Mr. Prescott in the matter of the appeal of Edison and
Harrington from the decision of the Commissioner of Patents of March
20, 1875, to the Honorable the Secretary of the Interior. 14 pages.
Although this pamphlet is not bound in Volume 72, Prescott's
argument is part of the Patent Office proceedings involving
the title to Edison's duplex and quadruplex patent applications
and has therefore been filmed with related documents in this
volume.
PRIORITY OP INVENTION.
[Reprinted from the American Law Register for October
rmoniTY
INVENTION.
pon which it is to'oporato, and the moans by which it is to
o carried into cOcct. » .
2. Another thing to ho considered is the iongtlx of timo
Inch a man may spnd in maturing his device, and still
laintain his right to It over others who mennwliilo light upon •
t and reduce it to practico. Tlioro is evidently no absolute
imit to bo measured by days or yonrs, ns was in effect ob-
erved by Judge Woodbukv. No such limit can bo pro-
cribcd; tlioro may bo mnoliinos so complicated ns totako tlio
riginator all his dnys to complote them. Babbage, with his
^surpassed ingenuity and industiy, left his most important
ne unfinished for want of timo. lnvontors of this ordor will
lot often linvo rivals, however ; mid controversies will rarely
rise in which it will bo necessary to givo nny such latitude
o tho rulo. The character of tho improvement will usually
iirnish n sufficient oritorion n3 to tlio tim6 which may bo
llowed for elaborating it. Tho inventor should undoubtedly
mve all that is fairly requisite for removing whatovor dim-
sultics hinder tlio successful working of his dovieo. It seems
reasonable, also, that ho should bo allowed to complete such
Dthcr inventions as nro connected with it so closely that thoy
nro essential to its advantageous operation.
There is hut one qualification ; tho diligence must be ren-
lonnblo. This is generally considered to admit of tho pursuit
being suspended when sickness, destitution, or other hin¬
drances beyond control, prevent its being prosecuted. It
must not bo understood that a man may Tny it aside while
engaged in othor occupations, because thoy nre more premia- .
ing. Tho following remarks of Judge Mebbick, made in
Widtenham v. Singer, Sup. Court of Hist, of Columbia, will
^r repenting here, since tlioy are almost the only ones;
“qunent to tho subjects which linvo appeared in print.
The measure of poverty," (property) “ which orio must pos¬
sess boforo ho is required to oxoroiso nny diligence to prosecute
his rights is not to bo found in tho statute. It is; an oxcuse
vory readily mndo, which yot should not be too readily,;
istoned to. If a man bo utterly destitute of money, without
frionds, and incnpablo thereby of prosecuting an enterprise,
much indulgence may bo shown him ; but where ho has the
moans of carrying on enterprises ,of a kindred sort, equally.:
do„manding monoy nnd friends, and does carry them on, : his
ol ction topursuo those othor enterprises will not be regarded
in the law as an oxeuso for tho dolay in tho one where valu¬
able rights of othors, equally moriforious ns himsolf, and in the
outset of thoir successful, strugglo, . equally poor, are to be
prejudiced. An election thus mndo for his supposed advan-
PRIORITY- OF INVENTION,
PRIORITY
tnge or gratification at tlio time, according to tho plainest
principles of equity, must not bo invoked to the detriment of
another innocent party." This extract ombodics in n vorv
good degree the spirit tvhioh should govern in determinm*
questions like tlioso under consideration 8
Nearly all the general principles which have bcon here
7 wX683Cr0 Woolen Co.v. JorJ™
sfsSSp'-pas
industry. Whore two ®»r with proiier;
been dm first to conceive of flbnim ‘0lr t“los upon hav'"8i
will be determined in favor of thn n^’T01"0'1!’ tho uollto3t
without unreasonable interrupt, ?0° ^ ,“n sh|°'v1<lil,eon,c8i
earliest poriod, provided-he t en * g: 1?lck to tho
the device. en aa(* ln view the germ of;
wlmteKKi!:^ that every one
two years for coini)]otinfr;». \iIn4V?lll,.oa lH entitled to take
olso can forestall him ofVs’riim | “nng |hat l10rioJ »° ono
to practice, though ho has patent by reducing it ;
This is evidently derived from t?r ^ “plated it meanwhile. \
1870, corresponding to to n 24-U 8aotio11 of Ret of !
tho act of 1839. fn this se^Ho""011 lho ,7tl‘ seotion o^’
scribed which must bo r 1 ' c?r,tm.n conditions are r*
I
allord tho least ground for. the imm™ • * ' ?!"8 does not '
mentioned. It relievos an :invento?Tn wl,,oh luw been i
presumption of having donated Ids (L ° exlo,lt from tho !
But't r d t°i!,or'vi80 “*0 from h 8 “ellTn '° tie pubI,V ■
But it does not dispense with his n.i„„ fie,,Ing or using it!- '
m perfecting it, nor remit tho Zaltv diligonco' ■
gence It waives the right “ffffe'-fjo ]
forfeiture ho inours by suoh sale or uso, but it does not inter-
Tero between him and his rivals, nor undertako-to impair the
right they may acquire by their superior diligence. Tho
[first to invont is prima facie entitled to a patont. I bo law
[says, howovor, that one who conceived it. previously slinll bo
[preferred to him, .upon this condition, that bo lias .used ren-
[sonablo diligence iu adapting and .perfecting. Is this eondi- .
Rion dispensed with, because. tho statute rcliovcs one who bus
Isold or used tho invention for two years from tho eliargo ol
shaving abandoned it? There is not tho remotest connection
[between these several provisions of tho statute ; nnd there is
fco foundation for the notion that tho inventor who wishes to
[maintain his titlo to a dovico which has occurred to him, need
plot enter upon the elaboration of it .for two years.
II. -Tho next in right among sovoral claimants or an in¬
vention, is ho who was 'tho -first torodueoit to practice. Pri-
Lma facie, as it is sometimes .expressed, tlio first to put in
practice is the one ontitled to a patont. Ho gives place to
[ no one elso oxcept tho one whoso titlo has boon already dis¬
cussed Evon n patent in tho hands of his rival cannot pre¬
judice him. This wns so well assorted by Judge Sprague,
in Johnson v. Root, 1 Fish. 351, that his i language should be
repeated: “If, gontlomen, the invention was perfected, as I
have ulrendy said, or if not perfected, if Mr. Johnson used
reasonable diligence to porfect it, then lio lmd a right to have
it incorporated into his patent, nndto supersede those who
had intervened between his first invention, or discovery, nnd
■his subsequent Inking out of his patent. If lie lmd not per¬
fected it, nnd did not uso duo diligenco to carry it into elleet, and
in the meantime, boforo ho got his patent, somobody olse lmd
invented, and used, nnd incorporated into a .usoful, praoticnl
..maobino tlintmode of feeding, tbon ho could not by a subse¬
quent patont appropriate to himself what was embraced in
the former mncliino, botwoon bis onvont nnd tlio obtaining oi
ibis patent,” p. 869. Hero wo have recognized not only Lho
suporior right of tho first to concoivo who has boon indus¬
trious in maturing, over one who was first to reduce to prne-
tice, but also tho superior right of tlio lattor ovor tlio first to
conceivo, if ho has bcon remiss, as well as over the putentee.
Tho snmo viows wore enuncintcd by Judgo Uai.l, in Ransom
v Manor. 1 Pish. 262, ns this excerpt from bis decision will
ahow : “If the plaintiff -did not uso reasonable . diligenco to
porfeot tho invention patented after tho ulen or ltwns lirst
concoivcd, and in tbo monntimo other persons not only con¬
ceived tho idea, but perfected tlio mvontion, and practically
appliod it to public uso, boforo the invention of the plnintilt
hud been so fnrporfcotccl that it could bo applied to practical?
use, the plmntifls patent is void, becauso tlioy were not tho
first and original invontors of tho thing patented.” p? 272 It
is unnecessary to make other citations to establish the doe-
trmes set forth m the previous pages, or to explain them.
It is not projiosod to mquiro at this time wherein consists:
S E8 “ JnvoiUion, or putting it in use, or reducing
£‘° prfv°‘‘ce' * 1,0,1 18 sP°hen oi in tho extmets which have:'
m lgi lh“ “““"“‘•on of that subject is postponed
" ? Is the present' pur- >
Son 1 itJ!n?°ublcd y rcclllires that the iuven-
ur*ouldrl]'Zcdl«ci°t irpubl’icrrumy
should, m order to bis consistent with themselves, as well as
in nceordanco with tho system of patent laws
tJ: ‘ b“ P'.oJ’f V been observed tliat only two stages ofroa- i
turity to which an invention may bo brought are recognized 5
of .,leso.l,nSos' thus far, as having any bearing upon the rights
of he mven tor; one in which he has distinctly eSed
h stl b ncly r °l?;a,,(,m Upon "htotoiOtimiuoly attains
V'S obJ.ect- right to-do it at this time is contingent and
other idS rlmnl" 1 1,g°T bri%ri,,S il‘o perfection. ’l’ho
other is when ho has made a practical working machine om-
* Hisytit£ to ittsail“nd ^"S10mp,Td U in “otual operation.
' 1118 t0 11 18 then absolute, and can never be impugned bv
toyboUnaXrni fSl!0Vnr0r-i This is undoubtedly the latrine ,
Irt nT Zd-f?1i1° decisions of the .courts. Nothing/
s “Oi ‘ Of what is technically called a reduction to practical
previously achieved, will enable one to sustain a oatSS
ofthfuJund^r^n ArYvl‘0,nov,°r “ Intent is:JLiijecK
limt ot,llors ,lmtl mndo ‘ho invention before tho
MS tho .dofons? llas al'V“J;8 been hold to strict proof that ?
the prevu.ua invention was in like manner reduced to prae-
the 1n?mStlPP° p °t t, "a’ O 13 0,loll8h on this occasion to quote !i
K h ltW"1'.80 Spragok, in mu*v.,UrUUrwaod,\ i
idp,h-h1G°r T "S .ls >m1P°r‘«»‘ ‘o bo understood, beeauso the ;
idea has been earned all a ong, that if a prior Inventor has :
gone to a certain extent, although lie fall short of making a
complete machine, practically useful, those who eomo a^or
have no ngh to secure to themselves the advantage of the
invention. .Ill is is not law.” p. 100. If, indeed, either party
robes upon having eoneoived iho idea boforo the othcr'ancl
viuca mat t lio idea upon which it depends was distinctly
prohoiulcd. This is ono of the jjeriods to which tho law
tachcs significance. Tho only other ono recognized in
judicial tribunals is when it has been carried into pracl
III. Tho rights of patentees arc next to be considered.
These requiro no sup|x>rt from- decisions.- Thoy are
Ixxlictl in tho grant, and arc established unci defined un
the authority of tho national legislature. They need onlj
bo discussed in order to doterinmo under what cireumstm
thoy must yield boforo tlioso of a competitor. It is not
design of this paper to treat of all tho defenses which n
bo set up against an action for an infringement. But
have scon that a patentee must give way before ono who
reduced the invention to praotioo, and that both must yi
to tho ono who has conceived before either of thorn, and
been industrious in bringing it to perfection.
Although an inventor 1ms no remedy against those w
use his discovery until he obtains a patent, without which
has, indeed, no rights in it which tho law will recognize, il
by no means essential that be should lmvo one in order
defeat a suit brought by another patentee, who made the
vention after him. It is enough to show in defense that
reduced tho invention to practice before tho plaintiff .
was said by Judge WooDMjnv, in Coll v. Mm, Arms Co.
Pish. 108 : u The foundation is struck from under the feet
the plaintiff if tlio defendant is able to show that there wc
practice, find that mnttor is to bo examined horoafter. in an-
otlior nrticlo. When wo come to inquire liow controversies
between rival mvontors aro settled in the Patent Offico, wo
shall had more room for doubt.
I do not propose at present to examino at length into the
deoisions ol the 1 atont Offico, and of tbo Appellate Tribunal, ?
the District Court, now tiio Supremo Court of the District
ol Columbia. It would not bo easy to reconcile them, nor is
it nil-important for our purpose. It is sufficient to deduco .
from thorn two rules which may bo considered ns well ostab- S
h0U8l‘ not “ Pensively npplicd|
Ono of these is that tbo earliest ono to apply for a patent -
is presumed; to be the first inventor, until Wo wntran'k
St i" JtiLn’o,1& in- ihii
siasfc-
v. Itwhardson, Commr. Detl. 1870, p. 81. The filing of an
W^fonis, furthermore, the most cflcctunl stop toward i
®“,nrnu.''icntmg tbo bonofits of tbo discovery to the world "<
It lias, m fact/ all the morits that a rcdiietion to prnotico was" '
pi o viously intended to securo. Accordingly, it is sometimes
Sf™ °f .M. " reduction to practice, and regarded as vesting
tbo samo ngbts and privileges in tbo applicant. ° -
tbc Pa.m 'nn- -10.,^ .olimi"^d from tlm proceedings of
the 1 atont Office, is that m ordor to establish priority of in-
• ventiOn it is necessary to show a reduction of the device to
form, consisting1 in tbo embodiment of it in some such sliaiio !
frbmdt ob^nrant'1 *5?* b,m'<l1* o6ultl construct tbo apparatus |
iromit, or practice the process contomphitbd.' In this respect •;
a sneuWlmrinrn“nC0 ,B0 Yoral d«oi?ions which require that \
f published description, which is relied upon ■
to defeat a patent, should be equally full and oxplioit. It ‘is -
iPnl„rl‘°iapf k °f T1 nn embodiment ns a rcSnoing ofan
*? foT' aijd bonce to infer that this is all that is I
intended when the phrase is used iir the reports. » It signiflS I
1'nonymous with reducing to ]irnotico. Judge Stoht, fo
istaneo,' says in Heed v. Cutter, 1 Story 590: “In a rnco o:
iligcnco between two independent inventors, lie who firs
sduccs liis invention to a fixed, positive and practical form
ould scorn to bo outitlod to a priority of right to a paten
lorofor." p. 599. On the other hand, bo says in tbo saihi
nso: “Under ourpatont laws, no porson, who is hot at onci
10 first ns woll as original inventor, -by whom the invontioi
ns been put in actual uso, is entitled to a patent.” p. 598
o that to ontitle himsolf to a patent by reducing liis idei
i form, tho invontor must also linvo put it in actual use.'
However just and well founded theso rules may bo, wlion
roporiy applied, thoro can bo no doubt but that tlioy have
ion carried too far, on somo occasions. When tlio title' oi
patentee lias boon sut nsido, and the rights of ono who hni
been tbo first to put 'an invention in nutunl uso h'nvo boot
isregarded in favor of him who had moroly rondo a drawing
: n model showing tlio device, it is evident that' the dccis
■ns of "tho' courts liiive beon ontiroly overlooked, and the
Tico lias proceeded in granting patents upon principles alto-
3tlier different from those wliicli prevail in tho judicial tri-
unals of tho country.
When a judgo is considering tho validity of n patent wliioli
vs been assailed for want of novelty in tho invention, ant
lien tho Patent Office is called upon to determine whcthoi
will issuo a patent for an invention for which it lias already
-anted one,' or which of two competitors shall have one, the
icision of both tribunals should bo governed by tho rights of
to parties.’ No 9110 will suppose that tlioso rights are modi-
3d1 in consequence of tlioir boing tried by ono rather tliiui
10 other.' Tlioy depend on tlm Inw, which is the same
horever it 'is' expounded. A different rulo would not be
Icrntcd in any civilized community ; a rule whioli should
ve a man a titlcwbcn considered in ono place, which would
i denied him if considered in another, making liis titlo do-
ind not on any uniform principle of universal prevalence,
it on thoscono wlioro tho investigation of it was conducted,
Admit such' a jiractice, and tlio result would follow that -oh
-some = occasions’ tho Patent’ OfTieo would grant monopolies
wiiichtho courts would hot only rofuso to enforco, but would
declare Void. In others it would refuse' n pntont to 'the billy
person' who would be considered intho courts to bo entitled
*0 it; Upon on interference, for ihstnnco, it would'dooido ; in
favor of an applicant who find made a drawing boforo his
adversary, although the lattor- held a pntont, and had p’orfeot-
cd it nnd engaged in tho manufacture bcforo the other lmd
taken another step Yet upon a suit for infringing tho pat¬
ent obtained by such an applicant, it would bo condemned ns
invalid without hesitation. If in n similar controversy tho
applicant should show that ho reduced the invention to prac¬
tice before the patentee opiiosed to him, he would bo defeated,
if the latter was the first to innko a sketch of it, or oven do'
scribe it intelligibly. Yot m mi action- by the latter ho-
would be told on the same state or facts, that ho had no title
to tin*, invention; that it belonged in fact to his adversary.
It is only because such views as these are widely entertained 5
and insisted on, that they are noticed at such length Yet it
nms- 0b,gir?ril!bya Jo-g° of tho Al’l,clllltc Court, Mkk-
niCK in Widuraham.' v. Smijer, that “ it would bo strange
• t , „,7S!r"C Ul° h'V “ requiring ‘he commissioner to
issue a patent upon a state ol tho case, which, when next
that ,T:±“'rreilt to a aoar,1 of ]aw °r equity, would require 5
that court to pronounce tho patent utterly void." In con¬
formity with this is the language of Touchy, Alty. Gen. : « It
“ ’impossible that an executive officer should regard that as an
objection to the grant of a patent which tho courts of law are
bound to overrule as unavailable." 5 Op. of Atty.Gcn. 18
It can hardly be necessary to add, that the decisions of tho :
courts, the constituted expositors of the law-, ought to bo
balding upon tho office, and to over-ride its conclusions
Beside all this, they are, in fact, vested with direct authority
lo,r?Ycrfc 1,6 aet,on where they have refused a patent.
, , !,as. "0,“° to ]* recognised of late in tho office, nnd
several decisions of the commissioner, within two or three
years, have fo lowed the decisions of the eourLs in thoso par¬
ticulars in which they were once disregarded. Among item
C,«C7lI tl,e fiscs fspuchewin v. Richardson, Bornm.
Dec., for 1870, p. 81 ; and Gray v. I Me, Id. for 1871, p. 120
l^down'C f"' “ autl,0iity' ,U b« considered safe to
S-in following as rules which should govern the prae-
with the r^,,J^rSS8mC0 tl,^ar0 itt U°“fori“ity ;
.’,1' Wher.° ,of tjio parties to an interference appears to :
have eonccived the idea of the invention before the others I
and to have exercised reasonable diligence in ndnntimr ami -
l!eld0entXflt|UUtil l!° reduocd to practice, lie must bo 1
anion l V pai‘?Ilt competitors. Even though ‘
2" has reduced, it. to practice .before him, or has obtained 1 1
such* claim!' npP led for ono’ U wiM not 1,vail him against
2. -Whore no ono can maintain such a claim, tho party ?!
who first reduced tho invention to actual practice must bo pro¬
nounced the prior inventor, although his competitor lias a patent.
8. No ono can bo adjudged to lmvo anticipated a patentee
who did not oitlier rcduco tho invention to praotico before
linn, or conccivo it bcforo him, and rcduco it to praotico with
reasonable diligence.
Thus far wo are in strict ncoordnnco with tlio law of tho
land, ns expounded by its authorized tribunals. In wlint
“’"Hows wo have no such authority to guido us, but must bo
yorned by principles drawn from tho adjudicated cases
:l the practico of the offico. '
1. Where there has been no reduction of tho invention to
ctiial practice, and noitlicr party has a patent, it would-secm
s if judginont ought to bo given in favor of tho ono who
irst con ccivcd tho iden, and labored diligently upon it until
-io had so far matured it as to mako a satisfactory application
for a patent, provided this antedates tho rival application.
It would be more accurate pcrhnps to say that tho ono who
carries back his diligent improvement of the invention to tho "
earliest period should prevail. Tho filing of an application
ought to bo considered a constructive reduction to practice,
nnd entitled .to so much weight as this. 1 u
5. Eor tho samo reason it would seem that tho title of the .
first applicant should yield only to thoso who had cither m fcW 0
reduced tho invoution to practice first, or conceived it first,
and been industrious in elaborating it.
Both of those rules depond for tlioir force entirely on thoir
boiug in accordance with tho principles of tho system of patent
law. They derive no support from the rulings of tho courts,
or tho practice of tho offico. A patont granted in contraven¬
tion of them would not bo condemned probably by tlio courts
on that account. They are suggested for tho consideration of
tlio offico, and it dopends entirely upon- tho commissioner
whether thoy shall be adopted. ;
6.. Whore neitlior of tho parties can show any such ground
for a decision in his favor ns has boon pointed out, ho must
prevail who first produced such a delineation of tlio invention
as would ennblo an expert in tho art .to ombody.it in a work¬
ing machine, or an oporativo process. It is sufficient if ho
has done this in a machine capable of work for business pur-
! poses, in n working model, in drawings, or evon, as it has
bcou held, in an oral description. ■
7. In the absonoo of all othor grounds upon which to
determine suoh a controversy, it must bo decided upon the
presumption that tho earliest applicant is tho first inventor.
: S. H. Homes.
■12
REDUCING AN INVENTION TO PRACTICE.
DEDUCING A.N INVENTION TO PRACTICE. »
■ There is one stnge in the history of nn invention to which
the law attache* cs|iccinl significance. It is when the author
tins, ntndo such progress in porlhcting it. as to acquire a right
to a patent, of which no one who comes after him can dopriva
him, unless he forfeits it by his negligence. He has not only
an indefeasible claim to tho patent, but should any other por-
son obtain one, it will bo utterly void. AVhcn lie has so far
completed his invention, die is. commonly snid to Imvo ro-
duoed it to i 'practice. Hy this is meant something more than*
a mere embodiment of it in a visible form. What is implied
•in the phrase is, however, far. from being well settled. A care-
•tut study of the judicial decisions -loaves -it to some extent in
obscurity and doubt. Thc-following pages will lie dovoted
detcrmincTi't111011 °f thQm' 0,<ler to 600 how.far they .have"
A brief examination of the -English system -will die of nin-
Tmll w? ■I" Bl'a ","a°r'flki'>g- As was remarked by
Judge Stout, in Pennock v. Dialogue, 2 Peters 1: : “Many of;
the provisions of our Patent Act are derived from the prim i
ofP r?, P™0 VCC i'»hl<f 'JrV° l,revni,ed the construction !
of that of England. i he construction of it adopted by
the English courts, and tho principles and practice wliiefi
have long regulated the grants of their patents, as they must
have been known, and are tacitly referred to in some of tlio
jirQvisions of our own statute, nllbrd materials to illustrate
By the stalutc.21 Jac.I.c. 83, commonly called tho.Stntuto
of Monopolies all exclusive privileges of the character thus
sbrnfl l !01’ r, h ‘i0SB l,l,eTly oxisti"K- those which
n u 1 bo.f ' B™ord .8raute<*, 'vero abolished and declared
• uttLrly void, wUh a single exception. Patents .for invention
were saved fi-om the operation of tho act under .certain re-
strictions embraced in the oth and rttli sections. As tho lat¬
ter embodies the only conditions upon which such patents
can „ow lie sustained, it Ims become customary to spink of
tho law on this subject as if ut wore founded on the statute
deHvnal,|‘tt'|e?l‘l!U"S“r °Xp,;c88 <loclflrutio" that the grants
derive all their force from tho common law. Tho elauso in
t IiVda1 B0CtlOn,’ T ' .00l,,ni“? tl,e restrictions in force at
eondemnatiou pronounced by -tho
'le,t.“11 P*,.cnt8 horeaftor to bo made of tho
whtah rate nr,rk!"S °f?ny ,,n.au”or of now manufactures
which othors at tho tnno of making such letters patent and
DEDUCING AN ■ INVENTION TO. PRACTICE. 18;
shall not use." It is to this single clause that the
Jritish courts have been accustomed to look in considering
tho novelty of litigated inventions, and all their decisions on
that point havo been made to rest upon tho interpretation' of
Two conditions are evidently proscribed by this not, and
it lias always' been hold essential that tlioy should be com¬
plied with in order to rendor ri pntont valid. Olio is that tho ;
patentee should be “ tlio true and first inventor" of what was ;
embraced in liis ’monopoly. It may bo observed here that ns
it had beoii considered boforo tlio passage of the law, that tlio;
importer of nn invention from 'abroad, which was “ now within '
tlio realm,” might havo a valid patent for it, although he ob¬
tained it from othors; so it was decided in Myberry v. Ste¬
ven*, AAT. Pi C. 86, that ho was included within tlio saving
provisions of the statute, nnd this ruling is still authoritative.
It is of more consequence to bear in mind that this condition
will not bo held to have been broken, although others linyo
made the discovery previous to the patentee, provided he did'
riot obtnin his knowledge of it from them, and they have not '
E’ui it in use, nor' received a patent. As was said by Lord •
YNPIIUBST, in llomehill Co. v. Neilsoh, AV: P.,0.- 078: “The-
first person who discloses that invention to the public is the'
first inventor." p.. 719.
The other requisite to a valid monopoly is that “ others did
not use” the invention at _thc time of its being granted. By
this it has been understood, also, that tho supposed discovery
has not already como to' tlio knowledge of tho community.
Tho reason assigned for this is that the patent constitutes a
contract between tlio patented nnd the crown, the consider¬
ation of which on the one part is tho exclusive' privilege con¬
ferred on the grantee, and, on the otlior, tlio disclosure of a;
new art or mnnufnuturo to the poople. If. the nrt or manu¬
facture thus disclosed is already known, and n~* - '
leged, thoro is a failure 'of tlio consideration u|
,Tv
winch thff
oid, ns 'all /
grant was made, and it ‘is: therefore held to bo void, as 'all ;
royal grants arc when tho representations upon which thoy'
were obtained provo to bo unfounded. If tho invention has;;
been described in any' published work' before tho dnto of tho'
patent, ’it is void. This'willbotho result, also, if ithndbeon :
in public uso; Tlio law to this otlcet was settled boforo tlio
stat. 2i Jac.' I, was enacted; and 1ms 'over1 since been recog-
nixed!' Tho conditiou’has been incorporated into tho' patents
which contain a clause rendering thorn void if what is em¬
braced in them “is not a now invention1 ns to tho public uso
and exoroiso thorcof.” This elauso has been embodied in tho
grant because it expresses nn anciently established condition'
upon which all monopolies dopciul. No |>orson ever inter-
pointed such a condition into a royal grant without authority.
4 conjecture lias been thrown out whether it would not be
a sufficient objection to a patent to show that a machine Klee
that embraced m it had ticca constructed and exposed to ob-
sorvation before it wnsissued. (W. P. C. 719, note.) On uoimr
through all the English cases, however, not one can bo ioiind
m which sucli an objection has boon sustained where the pro- :
viously-constructcd apparatus had not licon omployed in '
actual work. The nearest approach which has boon made to '
a discussion of the subject was in Lewie v. Jfa rimy 1 W P
C. 493. It tliorc appeared that a machino operating upon tho
samo principle as the plaintiff’s had been brought ovor from
America, and had been seen by tkreo or four persons boforo
the date of his potent. No exceptions were taken to tho evi- ‘
denco oil tho ground that it had been kept seorot, thou-di it
was smd that if tho plaintiff' had scon it, or obtained a know-
loclgo ot the invention from it, it would linvo licen fatal to his ->
; sult-. But Baron Paiike made this rcmnrk: “Thero is no
caso m which n patoiitce Iiils been deprived or the benefit of !
i his invention, because anothor also had invented it, unless lie
had also brought it into use." In tho dearth of any decision
to tho contrary, Baron Pause's remark may be considered ns
embodying the English law on this point. "
That the use must bo iu public is settled beyond nil dis-
pute. It was resolved ns early ns 170(1, in Oolluntl’e Case
ViP- ,0'4,3; AH. B. 470; finv. Pat. Oas. 172. ft Z,’
.shown by tho dofenso that previous to tho plaintiff’s orici-
inating tho optical instrument for which ho lmd his patent '
anothor person had constructed one like it, and had used it.
But it was lioldon that ns Dr. Hall had confined it to his
i closet, and the public wore not acquainted with it, Dollaud was
to bo considered tho first inventor." The question was fully
disoussed also in Carpenter v. Smith, AV.P. G. 630; 5 M.nnd
W. 800, in which it was shown that a lock like that in con¬
troversy lmd been placed upon a gate in a public way, where
kf “vory passenger. Upon n hearing boforo
tto M bench, tho court hold that this was such a use in-
E}8 must’debar any one from over after maintaining a ■
whSri^’V- At .tho snmo tnno they madojho distinction
whioli has nlwuys boon recognised, that there should bo a use
in public, but not necessarily a uso by tho public, to givo it1
such an effect. The law established in tlioso cases has novor
been assailed, but has been uniformly adhered to in every ’
subsequent disoussion of tho subject. ' • ' -
tlio utterances of tho learned j udgo: who presided nrocorrcotly
sot forth in the report, lie wns evidently somewhat confused;
ns to the different purposes for wliioh such n prior omdodiment
might' bo shown, nnddid not distinguish between them. Ills'
remarks are hardly entitled to any great weight in them-;
selves, therefore, and they should never hnvc been cited ns an
authority on this subject, after the emphatic condemnation,
pronounced upon his rulings by all the judges who expressed!,
their opinions before. the House of Lords inthocasoof Ifouae]
hill Co. v. Neilson, W. 1*. C. 078. The following extract!.
. from that of Lord BnouotlAM sufficiently exhibits tlicir senti-:
ments: “But supiioso it" (the previous invention) “ was com-,
pletc, and suppose it is admitted not to liavo been a trial, then,
it is one of the greatest errors that can bo commiltcd.in point;
of law, to say that with respect to such an invention ns that,:
it signifies ono rush whether, it wns completely abandoned or.j
not, or whether it was continued to bo used down to the very,;
date of tlio patent. Provided it was invented nnd.publicly!
. used at the time, twenty or thirtyycars ago, in this case forty ;
years ago, it is perfectly immaterial— not immaterial to tho '
second question,, the second condition, namely, whether it. was
used or not at the time, of the . granting of tho patent, but • ;
totally immaterial to the other question,, which is equally
necessary to Ixs ascertained in the inventor's favor, wliothor
or not ho was the truo and first inventor.” p. 718. Wo learn
from this, it is true, that where it is attempted to bo shown
that tho invention was made by some one else lieforotho pat¬
entee, and was embodied in a working apparatus, proof; that
fcthe use of it was continued, or hnd boon abandoned,, may, be-:.
■ come pertinent, ns showing it was n. perfected; discovery on tho-;.
, one hand, ornn unsuccessful experiment on the other. We learn
just ns distinctly that, independently' of the issuo whetlior the
patentee is tho first inventor,, and whore, there is no question ;
whetlior such previous apparatus was perfect or not, it is es-.
sential for another purpose to dutermino whether such appa¬
ratus was.or wits not in ;publio use; ; that it is indispensable
that it should have boon not only in use, but in publio.nso,,in'.
order to make itnvnilnblo.nsndofenso. Andthoroisnotovonan
intimation in Jones v. Pierce, far loss in HousehillCo.y. Neil--
son, that tho publicity of tho uso is considered to.liaye any ,
bearing upon tho inquiry whetlior such previous apparatus,
was a, porfoot and completed discovery.: .. ,
Whore it appears that a, patentee, has raanufaoturedvbyi.a'.
secret process, and sold, tho product. before obtaining. liis pat-.-,
ont,. that. will bo pronounced n uso in public. .But, no, princi¬
ple of law is bettor sottlcd in England than this, that in ordor
i BEDUOINO AH INVENTION TO PBAOTIOE. 17
to nvoid a patont on tho ground that tho invontion was in uso .
by others, when it was granted, it must appear that tlio uso
Was in public. It is only by adhering strictly to this requiro-
Snont that tho public have an assurance that they shall be¬
come possessed of tho knowledge of the now art, and bo ron-
‘dorcil certain of sharing tho benefits of it.
1m.« courts, on which wo must chiofiy roly, cannot always bo
neiled. Ono principle may bo considered ns tolorably
sottlcd, although in conflict with sentiments which have ■
an extensive prevalence, 'l’hnt principle may bo thus
In order to constitute a reduction to practice, tho invon-
must linvo been embodied in a working machine, enpa-
jf being, used for business purposes, or if not capable of
, in something equivalent.
L’liis wns most emphatically asserted by Judge Simiague,
Howe v. Underwood, 1 Kish. 100, in which ho hold
lnngungo: “This is important to bo understood, bo-
e the iden has been carried all along, that if a prior in-
tor lias gone to n certain extent, although ho fall short of
ting a complete machine, practically useful, those who
e after have no right to secure to themselves tho advan¬
ce tho invention. This is not law.” p. 108. Tlio quos
whetlior the previous invention wns an abandoned ex-
I penment was also raised in that case, but the passage hero
quoted was announced ns a maxim entirely independent of
I that consideration. Tho snmo learned judge had previously
I expressed his opinion, in Many v. Sizer, I Fish. 17,in this
mnrinor: “Now experiment alone is not sufiicicntio consti¬
tute priority of invention. The nrticlo must be completed
for public uso, and tho result must bo known, although it is
not necessary that it should be actually used bv tlio'piiblic."
p. 20. He evidently has in mind, in this last clnuso, tho dis-
tinotion constantly observed between a uso in public, and,
| what has always been regarded ns ‘unimportant, a use by the
public. To tlio same cflcct as those two decisions aro the ob¬
servations of Judgo Cmi'FOKU, in beymour v. Osborne, 11
AVnll. 610 : “Ho is tho first inventor in tho sonso of tho patont
law, and untitled to a patent for liis invontion, who first per¬
fected and adapted the snmo, to use; and it is well settled
that, until the invontion is so perfected and adapted to use, it
is not patentnblo undor tho patent law." p. 652. In Pitts v.
Wangle, 2 Fish. 10, also it was said by DitUMMONi), J. of the
for tho purposos contemplated, but it must have beon capable
of such uso." p. 15. And in tbo Union Sugar Refinery v. ■
MaUheson, 2 Fish. 000, it was bold tlmt tbo prior invontion ,
must linvo, been 11 reduced to pructieo in tho form of an I
oporntivo machine.”
It cannot be necessary- to refer to any othor casos on. tli
point, since tho law thus dofmed lias novor been question!
structcd on tho samo prinoiplo as. that described in tho plain¬
tiff's patent had been made and put in operation several years
before ho originated it. It had been worked by hand only,
and proving not to bo profitable, wns rolinquishod. The
plaintiff ’s. machine wns open, to the samo objection, and it wai
successful only because it was operated: by power. It was
urged on his part that tho former mnohino was only export
mental. While-, this was admitted by Judge Washington,
who presided at tho trial, ho held, nevertheless, that it wns
sufficient to, destroy tho plaintiff’s claim as an inventor. Ifc
is ovidont.tlmt tho mncluno wns experimental, nftor nil, on’ -
in a secondary sense, and in a finnneinl view.. As a mnclii
it was perfect, and capable of uso for business, and comes
within tho rulo which has beon advanced. Tho case of Grey
v. James , 1 Pot. C.C. 8!)4 and 470, may be thought to resem¬
ble that of Walam v. Bladen, but it is cnunlly in accordance
with tho principle. It may bo. safely laid down, therefore, ns
the doctrmo of tho law, than nil invention can bo said to bo
reduced to practice: only when it lias been embodied, if-
susccptiblo of it, in a mnohino capable of being used forprnc.:
tical purposes, as distinguished from one thnt is merely ex¬
perimental. If not suscoptiblo of boing so embodied, soino
step equivalent to that must have beeu taken with it.
II. It is more difficult torcconuilc what has been held by dif¬
ferent courts ns to tho necessity of an invention hnving beon
reduced to actual prnotico. Thnt it must lmvo beon so reduced
under some circumstances, thoro can bo no doubt. From
tlib dicta uttered in tho cases of Seymour v. Oslome, and Pitts
v. Wemple, oiled nbovo, and Woodman v. Stimpsori, 1 Pislier
J)8, it. would scorn, howovor,.thnt there may bo eases in which -
it would bo found suflieiont to embody tho supposed inven¬
tion in an apparatus socomploto thnt it would bo- employed
for business purposes to accomplish tho work intonded. In j
addition-to these, tho languago of Judgo Stoiiy, in Washburn
v. Gould, 8 Story 122, may bo adduced. “ At any rnto ho is.;
tho invontor who is entitled to a patent, who first brought ;
tho maobino to perfection, and made it capnblo of useful 1
s inny bo employed which scorn to reeoghizo tho mor
rporntion of an idea into n material, oporntivo form, a
ciont without its being tosted in work, at tho very tim
n no intention: of dispensing with thnt requisite is cntci
xl.. It is evident thnt no expressions like thoso cite
ra, which wore made without roferonco to tho questior
del- bo relied on to sustain the doctrine undor discussior
in, in Ransom v. Mayor, 1 Fish. 252, these remarks nr
buted to Judge: Hall: “ The party who embodies tli
oiplo, and makes it available for practical use, is tin
y who is ontitlcd to a patent, and to protection under tin
nt law.” p. 270. It may bo doubted whether he iutondet
this to nogntivo tho idon that it wns nuccssnry thnt tin
odiment should lmvo been put in practice, since nothin;
le case called for such an expression. In Parkhursl v
<mun, l Blntulif. 488, Judgo Nelson's languago wns this
constitute a prior invention tho party alleged to linvc
uccd it must linvo proceeded so far ns to reduco his'iden
raotico, and embodied it in somo distinct form. It
t linvo boon carried into practical operation, for ho is en
1 to a patent, who, boing nil original inventor, lias first
ioted the invention, and ndnptcd it to practical uso." p,
( Vide Post 80). In Agawam Woolen Co. v. Jordan, 7
I. 688;we have tho viows of the highest tribunal ns eon-
diby Clifford, J.:- “Ho is tlio inventor,- and’ is entitled
patent, who first brought tlio machine to porfeotion, nnd
i it capnblo of useful operation." p. 802. Wo lmvo them
in words alxiut tho samo, of Nelson, J., in Whileli/ v.
•jne. Id. 685 : “ For ho is the first inventor, and entitled
™ .. patent, who, boing an original. discovoror, has first per¬
fected and- adapted tlio invontion to notun] uso.” p. 087,
These grave declarations coming from such high authorities,
dosorvo sorious consideration ; and if wo could only bonssur
cd tlint they wcro uttcrcd with roferonco to tho prinoiplo of
law under disoussion, they would- inoreaso tho difficulty of
ascertaining wlmt is tho true doctrine. But it is by no
REDUCING AN INVENTION TO PRACTICE.
is Coffin v. Oi/ilen, S Fish. 040, which 1ms
tod as determining that it is not necessary
,’ico lues bcon in use in order to dofeat a
Lined hy another afterward, Tho learned
live done work, or been capable of.
been more experiments, afterward
y were in faet operated for a greater
iportance, except so far as that inny
re that they were or wero not moro
v the fact is of consequents). But
icy were inaeliinus capable of doing
e same arrangements ns the plain-
liincs, then tho fact that tlioy were
, and then abandoned for othor rca
put into a mill. Tho presiding judge charged the jury that
they might, find that llio patented wheel was wanting in no¬
velty without evidence that tho other had been actually used.
The report is unusually brier, and the reasons upon which
these instructions wore founded, nrc not hinted at. The pa¬
tent was dated in 182!), tho trial took plnee in 1849 ; yot no¬
thing is said on tho subject of the abandonment of the old
whcol, although thcro must havo been a strong presumption
to thnt effect from tho lapso of time. Tho case stands in
striking contrast with thnt of Parker v. ffulmc, hereafter
cited, p. 28, which was brought upon the samo patent, and
when wo compare with it the marked caution with which
tho evidence of a previous construction was thoro rccoiycd,
wo cannot resist the conjecture that tho report in Parker v.
Fenjumn, is very imperfect, and great hesitation must bo
felt in relying upon it. This doubt will bo increased when
tho ruling of the samo learned jurist, in Foote v. SiUktj, 1
Blatehf. 440, is read.
mee3. These, ho said, “ must bo regarded substai
uso of tho reversing mechanism.” Soino hesitat
i felt as to tho soundness of this conclusion; tho
is clear, can hardly be oited ns an authority ag
tiring proof of use in such cases.
It must bo conceded, nevertheless, that tho langua
trued judge lends countenance to tho idea thnt the
rlinps tlio only object of insisting that it should 1
nt what is alleged to have anticipated tho patent
vention was employed in work, is to establish til
complete and practical embodiment, of it. If that
Hows thnt other proof of its completeness may 1
ted. Now, there is no question but that proof
iploymcnt has been treated as material in this co
jllns in England, when the question has been raised
limed thnt tho invention had been innilo bv somo ono else
foro tho patentee, ho has been called upon, ns an indispensn-
o condition, to show that it had been put in uso ; and this
s boon insisted upon without any reference to tho com-
otencss or imporfcction of tho formor embodiment or it,
d oven wlioro no such question was raised. The proof has
beon held essential on an ontiroly distinct ground ; bocausoit
is prescribed by tho stntuto. And it is so proscribed for tho
samo reason that it was in tho English system, in ordor thnt
tho knowledge of it by tho public might bo insured.
In Wabon v. Station, 4 Wash. 580, it was tho very question
mndoby tho plaintiff ’s eounsol thnt tho mnohino, which' the
REDUCING AN INVENTION 1
TO PRACTICE. .
patented, lmd nevor been in use. And the court admitted the
principle, hut held tlmt the evidence was not sufficient to sus¬
tain tho plea, 'i'hc objection had also licon tuken tlmt the
prior machine was imperfect, nml it was answered upon
grounds entirely distinct from that of its completeness having,
been demonstrated by its successful operation. Tho necessity
of its being shown to linvo been worked was founded alto¬
gether on tlie language of tho statute. Judge Washington,-,
when taking up the question, says: “But the point mainly;
relied upon by the plaintiff's counsel :is that no evidcuco wtisr
given that Christian’s machine was ever .used within the true |
meunin <j of that expression in the patent law.” p. 588. Tlicro j
is not the slightest indication that such evidence was called; j
for in order to repel the charge that the machine wits not I
practically successful. Tho views of Judge Story on this
question may be gathered from this language or his in Bed¬
ford, v. lfu.nt, X Mason 802. “Every subsequent patentee, al¬
though nil original inventor, may be defeated of his patent
right upon proof of his prior invention being put in use.” ,p.
804. The intent of the statute was to guard against defeating ;
patents by sotting up a prior invention which Twd never been ■
reduced to practice (p. 805); not, it scorns, to repel tho pro- i
i sumption of imperfection arising from its abandonment.
I And also from what fell from bis lips in Ileed v. Cutler, 1 Story
j 500: “ Under our patent law, no person who is not the first,
1 ns well as the original inventor, by whom tho invention lias
' been perfected, and put in actual use, is entitled to a patent."
p. 50(1. While it is true that in both those euscs the earlier
: embodiments of tho invention wero charged with not being
| effective, tho fact tlmt they lmd been in operation was not
( once alluded to ns a rofutntiou of tho chnrge. Other means
woro taken to show that they wore capable of accomplishing
their proposed functions. Tlmt they lmd not been in uso was
taken up as nn independent objection to their being intor- ;
posed ns a bar to tho plaintiff's patout. It was treated not
only os an independent, but as in itself a sufficient answer to '
tho dofoiiso. It was mot in tine, not by proof that the .ma¬
chines wore practical and effective, but by proof that they ■
lmd been actually employed in business, as tho only way of >
satisfying tho court tlmt tho inventions woro not now- when j
pntontod ns required by tho stntuto.
In Parker v. JTulme, 1 Fish. 44, again, nn attempt was
mndo to show that a wheel similar to that for which tho
plaintiff .hold a patent had boon made .lieforo the patentee
originated it. • Inspecting this, the presiding Judge, Kane, ■ ■■
Sivo tlioso instructions to the jury: “Oue portion of Mr. . ;
ulmos' testimony callsfor this remark, that it is uoteuough
28 REDUCING AN INVENTION TO PRACTICE.
tlio public. Tlio earliest enso in which tho subject enmo dtf
tinctly under judicial consideration is Bedford v. Hunt, 1 Mas. I
802, decided in 1817, nnd id ready citod. It was slion'n dial !
tlio article monopolized by llie plaintiff lmd lwcn mnniifms* i
tured many years before lie originated it. Tlio principal
question on. the trial was ns to the extent to which it in
have beon used in ordor to render the patent void. Jin
Story answored the question thus: "But if the first inven
reduced bis theory to iiraotice, and put his machine or other i
invention into usu, the law ncvorcoiild intend that the greater !
or less use, in which it might be, or the more or less widely
the knowledge or its existence might circulate, should con¬
stitute the criterion by which to decide upon the validity of
any subsequent patent Tor the same invention.” p. 805. This
decision was founded upon the statute of 1708; but after the
passage of that of 1830, ho held the same doctrine even more
unequivocally in Heal v. Gutter, Story 5U0, declaring himself
in these terms: “If the invention is perfected and put into
actual use by tlio first and original inventor, it is or no con¬
sequence whether the invention is extensively known or usud,-
or whether the knowledge or use thereof is limited- to a few
her the invention is extensively known or used,
i knowledge or use thereof is limited- to n few
n to the first inventor himself." p. 500. And
with this lie took occasion to pronounce Dal-
n “just exposition of the patent law of this
rer correctly it may have been decided under
luml's case not n “just exposition of the patent law of this
country however correctly it may have been decided under
that ol England, p. 508.
Whatever disposition to treat these decisions ns obso¬
lete may be lelt, they havebceu clearly recognized, nnd their
authority acknowledged in cases of too late a period and of
too high a character to allow of their lining disregarded. In
Oayler v. Wilder, 10 How -177, decided in 1850, the subjoct
must have been under consideration in the Supremo Court of
the United States. In determining the case scvoral points
wore noticed, which, after all, cannot be esteemed very siir-
uifiennt; such as that the producer or the safe, which it was '-
alleged was made before that of the patentees, nover -W»m»
awnro of tho value of his invention ; that its construction '
was unknown to others, though, as was remnrkcd, tho me-
j-l,?.nl<? -.° mn“° 14 mufit *mvo been cognizant of it. It is
dillicult to see that much importance could ho attached to '
these and othor incidents commented upon. Whon tho very ■
able jurist who pronounced tlio judgment of tho court, Chief i
Justice i. ANE V, came to dismiss tlio import of the expression in !
■the sixth section of t bo-law of 183(1, “ not known or used by
others before his or their invention or discovory," ho founded
his in orpretatmn of it upon tho clause in tho fifteenth section. 1
in which it is provtdod that a patent should not bo hold void 1
i account of tho inventions being known or used nbroad, i
10 patentee woro not awnro of it. IJo inferred from this tin
entitle himself to a patent ,' an originnl discovorcr of an in
•ovomont nceil not bo in a strict sonso tlio first invonto
lice his title could uolbc.impcnchcd although tho imjirov
out hud been made by others before him. lie snid, thor
re, that “ the clause in question " (that oontainod in tl
Icont-h section) “qualifies tho words lioforo used" (tlios
lotcd from tho sixth), “and shows that by knowledge an
o tho Lcgislutnrcmcunt knowledge and use existing in
tinner accessible to the public.” p. -157. Now, if the judj
mt of tlio court had boon made to turn on this intorprotc
in, and the Connor safe had been pronounced no bar to th
tent in suit, on tlie ground that it was not accessible to th
blic, it would liavo bjou a rovorsal of tho doctrine nil
need in Halfuni v. Hunt and 11 ml v. Cutter. And if Ilia
etrino was , not approved by the court thoro could have beoi
fuiror opportunity to have set tho profession right in l oin
a -to it. But apart from tlio quotation givou abovo tlior
not the slightest allusion to it. yOn tho contrary tho dcci
u assumes that tho Connor safe was prima facia fatal ti
linlifi ’s title; but assorts that it had ceased to liavo Ilia
jet because tlio jury must bo presumed to have found tha
ind been forgotten, and buried in oblivion, like a
lie learned judgo even holds this romarkablo language
rningit: “ Wo do not understand the Circuit Court to
id that tho omission of Connor to try the valuo of his saf
- proper tests would deprive it of its priority ; •mrltisomissm
briny it into public use. Ho might hnvo omitted both, am
to abandoned its uso, nnd liccn ignorant of tlio extent of it<
luo; yot if it was tlio sumo as Fitzgerald's, tho lattor conic
t, upon such grounds, bo entitled to n patont; providod
jnnor’s safe, and its modoof construction, woro still in the
rnnory of Connor before tlioy woro recalled by Fits-
raid’s patont.” p. 498. In otlior words, Connor’s safe was
bar to a |>atont for tho samo improvomont to any subsequent
ontor of it, so long ns Connor romoinbored its construe-
in, notwithstanding it hnd novor been in public uso. Com
loring Hint the decision turned on tlio knowledge of Connor’s
fo having been lost, nnd not on its having been kept secret,
is vory manifest that tho court folt tlio weight of Judge
'onv’s decisions, and it was to avoid tlio oflbet of thorn that
oy resorted to tlio , oxpediont of treating Conuor’s . snfo as
ving been forgotten.
In Hick v. Lippincott, 2 Fish. 1, whioh wns tried two or
reo years allot- Oayler v. Wilder, the validity of the patont
REDUCING AN INVENTION TO WUCTICB.
REDUCING AN INVENTION TO PRACTICE.
In liia instructions to tlio jury ho emphatically ro-ossorlcd
the doctrine advanced in -lialford v. limit and Heal v. Cutler,
going so far as to adopt tlio very language quoted above from
the former report. There can be little doubt, therefore, that
the law of those eases was in the minds of the court when
they had that of Qayler v. Wilder under consideration. The
same question must have arisen also in Caltoon v. Ring, 1
Fish. 397, and 1 ClilK 592, which was tried before Judge
Cl.U'FOltl) iii 1859, and at. subsequent times. It was shown
by the defendant that before the plaintilV made his invention,
one Luce had constructed a perfect machine embodying it.
It would seem that it was kept secret; but it is ovident that:
this was not deemed sufficient to prevent its operating fatally
against the suit. The court, therefore, adopted n course simi¬
lar to that pursued in Qayler v. Wilder, and charged the jury
that, whether it had been used or not, if it hnd lieen broken
up, and its materials used for other purposes, or lost (of nil
which thcro was proof), and its construction was only re¬
called to tlio memory of the maker by the present contro¬
versy, etc., its existence would not in validate Cahoou’s pntent.
(p. 411). Tlio learned judge must therefore have regarded:
the secret existence of the machine ns in itself a bar to a
patent obtained by any subsequent inventor, unless that ob¬
jection were removed in the way ho pointed out. Again in
Unit v. Bird, .3 Fish. 595, tried before Judge lit.ATGIIKOItli in
1887, tlio prior machine, upon which the defendant relied,
had always been kept carefully secluded from observation.
Yet this was manifestly considered as not a sufficient answer
to it. Instead of pronouncing against it on the ground that
it had never been in public use, the court laid hold of eir-f
cum.staneus from which they condemned it ns an abandoned
experiment. And they eito at length tlio ease of Qayler v.
Wihler ns analogous to the ono before them, and ns sustaining
their decision.
Judgo Story's doctrine has also been supposed to have;
boon directly affirmed in Coffin v. Ogden , 3 Fish. (140; but:
this is not homo out by a ‘careful examination of the report'
It was ruled by the court that an exhibition of the alleged,
previous invention to two or tlireo persons was equivalent to-
giving the knowledge of it to the public. Tlio necessity of-
a publiu uso of it was distinctly rceognisod, therefore, al¬
though the evidoneo by which it was held to have been made
out, might not generally bo hold sufficient.
If tlio dootrino has never boon assorted anew in any of our
courts in express terms since tlio enso of Reed v. Cutler, it;
lias nqvor,on tlio other hand, been condomucd in any instance ■
in wluok it was tlio propor subjoot of adjudication. And an;
elementary writer of high authority evidently entortnins an
opinion in conformity to it. In the 3d edition of Curtis on
Patents may bo found this sentence: “If tliu tiling patented
has once lieen actually mid completely invented or discovered
before, however limited the use, tlio patent is in validated,” etc.,
Sec. 87. Again, when speaking of some English decisions,
it is said: “If wo examine the facts of tjio several cases, and
the tests applied to them, tnkiugenro to remember that under
our lnw on tlio question of novelty, the publicity of the prior
use is not otherwise imjwrtant than as a circumstance tending
to show that there was or was not a completed invention,”
etc. See. 88. -lie lias nowhere declared his opinion more ex¬
plicitly, it is true; but what his views are is evident enough.
_ While this matter lias not been made the subject of any
distinct adjudication of late, there have been several occasions
in which remarks have fallen from the bench, plainly indi¬
cating that a different view of the law was entertained. The
first extract, which was given from tlio opinion of Judgo
Taney in Guyler v. Wilder (Ante 27) shows that such
wero his impressions, although he avoided a conflict with the
authority of those cases. In Jlasehlen v. Ogden, 8 Fish. 378,
Judge Sherman in n brief summary of the law upon tlio
subject included this principle: “The prior use of an invention
must lie a publiu uso and not a private use. If an invention
is made and used in n private way, and then thrown aside,
and not given to the public, a patent granted to a subsequent
inventor would bo a valid patent.” p. 380. Ill Adams v. Ed¬
wards, 1 Fish. 1, Judge Woourury, after commenting upon
the cftcct of using an invention two years, leaves that subject
and pirocccds thus: “If a man has an invention, and nobody
knows of it, then the uso of it cannot debar another porson
from inventing or patenting it." p. 12. •
Tlio expression of tlicso opinions so widely diflering from
tlioso of Judge Stoiiy, justify an inquiry into tlio grounds on
which his wore founded. Tub only reason lie gives for them
is to bo found in that clniiso of the lnw which, as lie snys,
“expressly, declares that the applicant for a pntont must be
the first as well as an original inventor.” In support of this
he quotes from his own opinion in Pcnnoeh v. Dialogue, 2
Pet. 1, wliero ho said tho Patent Act “ gives tlio right to the
first and truo inventor, and to him only ; if known or used
boforo his supposed discovery, ho is not tho first, although ho
may bo tho true inventor, and that is tho caso to which tho
clnuso looks,” p. 28. Now it is' a little remarknblo that tho
very snmo expression is used in tlio English Statuto of
Monopolies, wliioh restriots tho grant of a patent “ to tlio
trno and first invontor." Our statute rends, “the original
and first inventor;" but the learned judge lays no stress on'
the word original ; in filet, lie uses it as interchangeable with
the word true in the last extract. It is the more remarkable
because it was in this very case of Pcnnock v. Dialogue that
ho explained how greatly wo were dependent upon the con.::
struetion of the linglish law for the proper interpretation of
our own ns mentioned on a fortnor page. (12.) lie said:
further on that occasion, “The words of our stntutc are not
identical with those of the statute of Jntncs, but it can scarcely’
admit of a doubt that they must ltnvo been within the con¬
templation of thoso by whom it was framed, ns well as tho
construction which had been put upon them by Lord Coke.”'
p. 20. There is notone expression in tho Statute of Mo¬
nopolies the meaning of which had become bettor settled than
thnt of the words “ tirst inventor," ns may be scon from tho
quotation made from Dollaml's Case, ante p. 14. According
to Lord Lyndhuhst's remark in HomchiU Go. v. Heilson,
already quoted, “Tho first person who discloses tho inven¬
tion to the public is the first inventor." No reason rain be
suggested why this construction was not contemplated by
those who framed tho Act of 1880, and why it was not:
intended to be embodied in it ns inncli as the construction
upon another point adopted by Lord Coke. Such indeed
has been the import attached to the phrase by our own
courts. A large portion of the reasoning of the court in
Gaglcr v. Wilder is addressed to this very subject, and is
intended to show that it is not to be interpreted literally, but
is to bo applied properly to tho ono who brings n discovery
to tho knowledge of the public. How common it is to attach
this meaning to tho phrase may bo seen on recurring to tho
jxtrncts which have boon given from the decisions in Sey¬
mour v. Osborne , nnto p. 17, Washburn v. Ooultl, p. 18-11).
Agawam Co. v. Jordan, p. 19, Whitelg v. Swuyne, p. 10, anu
Singer v. Walmsey, p. 25. Anothor may be added oil
account of its especial pertinency from the decision of Judgo
Hall in Ransom, v. Mayor, 1 Fisli. 252. “If tlio plaintiff)
lid not1 uso reasonable diligence to perfect tlio invention
patented after tho idea of it was . first eoncoived, and
in tho tneantimo other persons not only conceived tho idea,
but porfeeted the invention, and practically applied- it to-
public uso before tlio invention of tho plaintiffs had boon'
bo far porfeeted that it could bo applied to practical use,
tlio plaintiffs’ patont is void, beenusethoy wore not tho first1
and originnl invontors of tho thing patented." p. 272/
Another thing which seems to lmvo had its influonco in lead¬
ing Judgo Stoiiy to his conclusion, is tho provision contained’
in tho Acts of 1798 and of 1881), for uotorinining contro-
REDUCING AN INVENTION TO PRACTICE. 31
vorsics bctwcon two conflicting applications. This introduced
into our system a feature undoubtedly now, though since
adopted to somo oxtont in thnt of Great Britain. But it wont
no further than to settle tho contest between two competitors
and to provide means for ascertaining which is entitled to’
the patont. It introduced no chnngc in tho principles upon
which priority of invention is to bo determined. Thnt is loft
to be ascertained by tlio sumo criteria ns in a trial at law
upon tlio validity of a patont. There is not n word in eitlior
of the statutes that countenances the idea that by a prior in¬
ventor is meant anything else than the person who shows
thnt lie is tlio man whom tho courts would adjudge to bo the
rightful, patentee; not a syllable that countenances tho sup¬
position thnt tho person intended is ho who hns conceived
the inveulion, but has never reduced it to pmetico, whntovor
progross lie has mndo short of that toward perfecting it.
■ Wo fail, therefore, to discover in what was alleged by
Judgo Story or in any other quarter, the slightest reason
for dispensing with- -.vlint is manifestly an essential featuroin
any well-regulated patont systom, mid one which lias been
commended to us by tho long oxporiouco of tho oldest ono
known, that of Great Britain. It is the system which our
legislature adopted, and thcro is no indication thnt they did
not intend to oinbmeo this prinuiplo as woll us tho rest. Tho
whole spirit of both seems to requiro that inducements should
be held out not merely to prosecute now inventions, but to
bring them before tho world. Tho rewards each holds out
are intended for these who givo their fellow-citizens tho fruits
of their ingenuity, and it is an entiro pervorsion to put such a
construction on our legislation as bestows thoso. rewards on
the man' who withholds thorn from his country.
In short, it defeats the principal object of requiring that’
tho formor embodiment of an mvontion shoulcl have been
put m use in order to invalidate n.pntent, which is thnt the
public should obtain a knowledge of it. Thnt such is tho
real object cannot bo reasonably doubted, and. should not bo
forgotton. But' to seouro it tho uso must, manifestly- be a
publievone. To requiro that it should have been in uso, yet
allow a. uso inprivato to satisfy tho requirement, involvos an
absurdity.
Somo sorupio has been expressed (by Dallas, J., for in-
stonco, in Hill v. Thompson, W. P. 0. 289) ns to tho poworof
the State to doprivo a man of tho privilege of using anow a
device which ho had discovered before tho patentee, and had
in actual uso. No ono ovor thought, howovor, of its boing
wrong to dony such a privilege to the porson who makes tho
same discovery afterward, though his discovory is an inde-
LETTERS
George B. Prescott
COMMISSIONER OF PATENTS,
Thomas A. "Edison
JPapfes and <$M*ampfcs
LETTERS OF GEORGE B. PRESCOTT TO THE
COMMISSIONER OF PATENTS.
New Yoke, June 2, 1876.
IIon. .T. M. Thacuer,
Commissioner of Patents.
Sir: The application of Thomas A. Edison for Let¬
ters Patent for improvements in Duplex Telegraphs,
Case No. 99, filed September 1, 1871, which, by your
decision of Mnrcli 20, 1876, when ready for issue will
be granted to Edison iind Prescott, assignees of Edison,
clearly and tnimislnkeably embraces tho invention for
which Letters Patent No. 162,033, of April 27, 1876,
were issued to Edison and Harrington.
In tho preliminary descriptions in tho two applica¬
tions (tho application of 1873 having been by consent
of the examiner amended in this respect May 20, 1876)
the object of the invention purports to be to enable
two operators to simultaneously send, or to effect the
simultaneous transmission of, two different dispatches
or signals over tho saino lino wire in tho same direc¬
tion. In Patent 102,638 this is stated to bo accom-
/$»hcd by tho transmission of positive and negative cur-
Kent* over tho lino to effect tho reeoption of ono mes¬
sage,- and tho increase and decrease of the strengths of
these currents cither positive or negative, to effect tho
reception of tho other message ; while in Case 99 tho
method is stated to bo “ to simultaneously soud over
ono wire in ono direction by reversal of a battery
current in ono instance, and increasing and decreasing
tho strength of the current in the other instance."
Tho third claim of Patent 102,683 is for " tho com¬
bination with tho main liao circuit of a reeoiving in¬
strument operated by changes in the polarity of the cur •
rent independently of tonsion, with another receiving
instrument operated by changes of tension, independent
of polarity,”
This is a broad and fundamental claim, legitimately
and properly belonging to Case 99.
The fact sought to be expressed by the terms of this
claim is identical with that recited in the first and
second olaiuis of Case 99, and the language employed
is in effect synonymous.
A receiving instrument operated hy "changes in the
polarity of the current," in the words of the third claim
of Patent 102,(139, is a description of the same tiling us
“a polarized magnet" which “ respomls to change of
polarity,” in the words of the second claim of Case 99.
So also “a receiving instrument, operated by changes of
tension,” in the words of the third claim of Patent
102,033, is a description of the same thing ns an “ ordi-
nary magnet” which " responds to an increase and de¬
cease of the current," in the words of the second claim :
of Case 99.
The records of the Patent Olliee show that the original
application in the ease or Patent No. 102,033, was filed
April 20, 1873, and was rejected May 3, 1378. A
second specification was filed May 22, 1873, upon
which action was suspended at the request of the attor¬
neys. Both of these specifications stale that the inven- ’
tion has for its object, the simultaneous transmission
two despatches or signals over the same line wire fi^A
x " opposite (/iVreObns.’vjP'N'cilher of them coiitain"any\
allusion whatever to the simultaneous Irnnsmissroii of
two despatches in the same dircction\^^2P.^
On the 20th of March, 1875 (the aimo daylimt you
decided that the Letters Patent upon application No.
99 should be - issued to Kdison and Prescott), a third
specification was filed in the suspended case, which was
thereupon allowed by' the Examiner, without further
objection, amendment, or alteration, so far as revealed i
by tho contonts of tho file.
In this now specification tho description and claims
were altered and enlarged for tho unmistakable purposo
of embracing tho invention sot forth in application
No. 99, belonging to Edison and Prescott. With this
view, tlio statement of the object of tho invention was
changed so as to include the simultaneous transmission
of two despatches in tho same direction, and in further¬
ance of this scheme another alteration was made in tho
description which more fully illustrates its character.
The drawing represents an apparatus for sending two\
messages simultaneously in opposite directions, but with I
which it is not possible to send two messages xmiuHmJ,
ncously in the same direction. To got over tills drift-
culty the new description states that “tho relay A B
may also be placed at a number of stations, if A or II
be dispensed with, and other devices applial to prevent the
mutilation of the signals hy change in the polarity of its
iron core.” That is to say, if one element of the com¬
bination shown in the drawing, and described and
claimed in the specification of Patent 192,033, bo en¬
tirely removed, and some other device, neither described
therein nor shown in the drawing, bo substituted there- j
for (for example, the only one thus far invented, the dc- ;
vice shown in Ctisc 99 belonging to Kdison and Prescott), j
then the apparatus would bo competent to perform the/
function claimed for it, viz.: the simultaneous trans¬
mission of, two despatches in the same direction. ,
vYs I have before shown, the fundamental principle
of the invention consists in _ tho combination of a re¬
coiling instrument operated by changes in the polarity
of tine current independent of its strenglh, with another
receiving instrument operated by changes in tho
strength of the current independent of its polarity.
The examiner’s letter of May 8d, 1878, rejecting the
original application of April 26th, 1873, as then pre¬
sented, shows conclusively that he understood the rela¬
tion of the separate elements of this combination to tho
slate or tho art at that time. Subsequently, Kdison
assigned- one-hnlf his right iu this invention to me, and
then filed a new application subject to this assignment,
known os Case 99, in which the fame elements were
again presented and properly claimed in combination.
While the latter application was pending in the Patent
Office, Georgo Harrington, with the connivance of Edi-
son, sought to deprive me of my rights in this invention,
A contest ensued, which resulted in your decision o[
March 20th, 1876, that tiic patents for Case 09, when
ready for issue, will he granted to Edison and Prescott
In utter disregard of botli the letter and tlio spirit of
this decision, tho Examiner subsequently allowed Edi¬
son's suspended application of April 20th, 1878, to
pass to issue, after having been amended by the inser¬
tion of a new claim, covering in tho broadest forms tho
invention which forms the subject, matter of Case 99.
This patont wns granted to Edison and Harrington by
virtue of an assignment executed and recorded several
days after yonr decision of Mareli 20th, 1876, and
moro than seven months after the assignment to me,
which you decided compelled the issue of the patent
for this invention to Edison and myself, nud not to
Edison and Harrington.
Tho great wrong thus done me, in violation of both '
tiie letter and the spirit of your decision, is, I presume,
beyond roinedy in tho Patent Office, and I must look
to the courts lor the recovery of my rights ; but there
mny bo other applications of Edison’s on filo in the
Patent Office, and, to guard against a repetition of the
error committed in issuing Patent No. 102,088, 1 linvo
prepared a digest of tho subject matter of the appiV.a-
lions which were assigned specifically to me, and of'tiio
caveats describing improvements upon the same, which
digest will bo forwarded to you in a fow days.
I havo the honor to be,
Vory respectfully,
Your ob’t servant,
Geohoe B. PjtEsoorr.,
I’liomas A. Edison, dated Aug. 19tli, 1874, and re-
lorded Aug. 29lli, 1874, Liber B. 18, p. 02, Transfers
if Patents ; together with a digest of the subject-matter
lontained in certain applications for Letters Patent and
invents, subsequently filed in the Patont Office by Mr.
Edison, in which, by virtue o( the terms of said assign-
nent, I linvo also nil interest.
The assignment of Edison to Prescott, of August
19th, 1874, conveys to the latter—
First. — " Certain improvements in duplex telegraphs,"
described in applications for Leltors Patent, numbered
94, 95, 90, 97, 98, 99 and 100.
Second. — “ Otl c j oi t l / I i t ! j ij!
Hie descriptions or which have been lodged with George
M. Phelps, for the purpose of models being construc¬
ted." said improvements being described m applica¬
tions numbers 111 nnd 112.
Third.— “An cqunl undivided intorcst in all Letters
Patont of the United Slates, or of any foreign countries,
which may bo granted for all or any of said inventions,
m-jpr any future improvements tlioreon made by cither
party, and or all oxtonsions nnd reissues of any such
Letters Patent."
In order that the patents for tlicso inventions may
be properly issued to Mr. Edison and myself, it seems
desirable to indicate clearly wlmt are the particular
inventions described in the abovo named applications,
and which of the inventions nnd doviccs described in
Edison’s subsequent oaveals nnd applications, are im¬
provements thereupon.
I deem it unnecessary to fully describe nil tlio inven¬
tions set forth in the nbove mentioned scries of applica¬
tions, and now on (lie at the Patent Office, and shall
refer only to such ns constitute the basis of subsequent
improvements.
The preliminary description of case 00 states that
“ the object of this invention is to enable two opera¬
tors to simultaneously send over one wire in one direc¬
tion by reversal of a battery current in one instance,
and increasing and decreasing the strength of the ear-
ront in the other instance.'' * * ' « * *
“By duplicating the pnrtshcrcin 'dcscribcd, fourtnins-
mitting operators and four receiving operators can
work simultaneously over one wire— two or each being
at eaoli end.” The above described invention, with the
subsequent improvements upon it, constitutes 'the quad¬
ruples telegraph.
Figure 1 shows the invention as perfected and em¬
ployed in actual service.
T' is a double current transmitter or pole-changer,
operated by an electro-magnet, local batierv and
finger key IC,, in a manner well understood. ’ 'I lie
ofitce of the transmitter T1 is simply to interchange the
poles of the main battery E1 with respect to the line and
ground wires, whonovor the koy K1 is depressed; or, in
other words, to reverse the polarity of Lhc current upon ■
the lino by reversing tlio poles of battery E‘. By tlio
use of properly arranged spring conlacU si sj, this is-
done without at any time interrupting the circuit.1
Thus tho movements of the transmitter T* cannot niter,
the strength of the current sent out to tho line, but only;
its polarity or direction. Tho second transmitter T* is
operated by a local circuit nnd koy Kr in the same’
manner. It is connected with tho battery wire 12, of
ffio transmitter T: in such a way that when tho kov
K is depressed the battery E, is enlarged by tho nddi- i
bon of a second battery Ea of about three times the mini-’
her orcolls, by moans of which addition it is enabled to
send a current to tho line of four times the original-
trength, but tho polarity of tho current with respect
o the lino of course still rcm-iins ns before, under
lontml of tho first transmitter T*.
At the other end of the line are the two receiving in-
itrnments It1 and JP. Jl* is a polarized relay with n
icrmnncnlly magnetic armature, which is deflected in
mo directi-m by positive, and in tho other by negn-
-ive currents, without reference to their slrougth. and
his rchiy eonscqueutly responds solely to the move-
ncnls of key K1, and o-jonttes tho soundor, S1, by a
ocal circuit from battery L1 in tho usual manner. Relay
If* is placed in the samo main circuit, nnd is provided
vitli a neutral or soft iron armature, which responds
■villi equal readiness to currents of either polarity, pro¬
dded they are strong enough to induce sufficient iniig-
letism in its cores to overcome the tension of the oppos-
ng armature-spring. The latter, however, is so ad-
listed that its retractile loreo exceeds the magnetic
itlraetioii induced hy the currentof the battery E1, but
s easily overpowered by that of the current from I'l* and
lia combined, which is about four times us great. There-
•ore, the relay IP responds only to the movements of
coy Ka and transmitter T3.
A dilliciiltv arises, however, in this connection, from
lie fact that when tho polarity of the current upon
,he line is revorsod, during tho time in which tho
trmnturc of IP is attracted to its poles, the armature
,v ill rail oil for an instant, owing I tin cc m in
jf’iall attractive foreo during tho timo when the
ihiinge of polarity is actually taking place, and which
would tend to confuse the signals if the soundor
was connected in the ordinary way. By the arrange-
ncitl shown in tho figure, tlio armature of tho rolny IP
nukes contact on its back stop, nnd thus oporntes a
iceoml local relay S by means of a local battery L.
L'his local relay, by its back stop, nnd a tfccond local
lottery La operates tho recoiving sounder Sa. Thus it
will ho understood that when relay IP attracts its anna-
ure tho local circuit of soundor Sa will bo closed by
tlio buck contact of 'local relay S; but if tho armature
of R3 falls oil' it must roach its back contact, and remain
there long enough to complete the circuit through the
local relay S, and operate it, before tho sounder S3 will
be ufl'cclcd. But the interval of no magnetism in the
relay R3, at the change of polarity, is too brief to per-
nut its armature to remain on its back contact long
cough to affect the local relay S, and thus tho signals
from K3 are properly responded to by tho movements
of sounder S3.
By placing tho two receiving instruments R and
>" die bridge wire of a •« Wheatstone balance," a
duplicating the entire apparatus at each end of the lii
the currents transmitted from either station do i
allect the receiving instruments at that station. Th
m figure 1 the keys K‘ and K3 are supposed to
at New York, and their movements are responded
only by the receiving relays R> and K3 at Bostc
ihc duplicate parts which arc not lettered operate
precisely the same manner, but in the opposite dire
t|on with respect to the line.
In applying tins system of qnadrii| lc\ t i s iss c
“I’0" bnes of considerable length, it was found that tl
interval of no magnetism i„ the receiving relay R
(winch, as above stated, hikes place at every reversal i
in the polarity of the line current), was greatly lengtl
cued by the action of the static discharge from til
line, so that the contrivance of the local relay S wi
not sufiicicnt to wholly overcome the difficulties nrisin
Adieostiitcriesistane.X-wnsUicrefii,
I'hiccd in the bridge-wire with the receiving inslru
n.o"ts,R n"d li3, and shunted with a condenser r, o
CO SKlcrahie capacity. Between the lower plate of th
condenser mid the junction of the bridge mid earth
unonThn ' dlt'°"'11 ‘•'lcc,ro‘l"ag"et, r was placed, actiaj
upon the armature lover of the relay R3, and in the earn'
curren, r° Cft'°Ct 10,'.tl,is 1UT«"gcme„t is, that when tin
Llv L I 0"0 |K!lnr,tjr .a,ns03> 1,10 condenser c immedi
ctcly discharges through tho magnet r. which nets non,
wo armature lever of relay Ra, ami rotnina it in posi-
•io" lor “ brief l'mo before the current of ibo opposite
rolarity arrives, anil thus serves to bridge over the iii-
orvnl of no magnetism between the currents of oppo-
ito polarity.
Snob is tbo invention which was conveyed by Edi-
on’s assignment, of the tilth of August, 187-1.
A ny method of sending two communications simul-
tncously ovor the same wire, cither in tbo same or op-
osito directions, or in both directions, one by changing
ic polarity of tbo current and tbo other by changing
io strength of tbo current, was new at the dnt° of
dison’s invention, and was therefore patentable in its
•oml sense, without reference to the particular devices
nployed to ellbct the necessary changes in tbo polarity
• in the strength of tbo current. This fundamental priti-
plo of the quadruple* system which has been derciibed I.
embraced in Application No. 00, which also includes '%/
o arrangement of the relay Jia, local relay S and 'J- 'Z
under Sa, above set forth. '
Application No. 112 describes certain improvements A.wr
the apparatus, for the purpose of equalizing tbo U
mpensntion Tor sU-uic discharge by means of gradu¬
al condensers, and a differont device for obviating tlio
ufusion of signals produced by the tendency of the
utral relay io open during the time the change of
hirily is hiking place.
Application No. 118 describes a method of coupling
gctlici two quadruples circuits, such as that ropre-
"ted in figure 1, by means of repeaters, so that direct
mmimiention may be carried on through much
sater distances than is possible in a single circuit.
Jinny or the caveats subsequently filed by Edison
3 modifications of the invention described in case 00
The following summary of such of these caveats as
Caveat No. 51, Hied December 0, 1874, shows a
method of qiindruplcx telegraphy, and is an improve¬
ment upon the duplex method described in application
00. In No. 00, two messages may he sent simultane- .
oiisly in the same direction, one by changes in the -
polarity and the other by changes in the strength of tho
current. The same thing is done in the present case,,
except that two polarized relays are employed in lieu
of one polarized and one neutral relay. This is, there¬
fore. an improvement on No. 00, the fundamental priri-.
ciple being the same but the details dillcrdnt. The '
two receiving instruments at each end of the line aro
placed in the bridge-wireof a Wheatstone balance, thus
rendering it possible to transmit four messages simul¬
taneously.
Caveat No. -52, tiled December 0, 1S7-1, also shows a ,
method of qnadruplex telegraphy, based on the duplex ,
principle described in No. 00, one message being trans¬
mitted by changes in the polarity, and the other by
changes in the strength of the currant. This caveat
contains an important improvement in the quadruples
apparatus, consisting of an extra mngiict acting upon
the armature-lever of the neutral relay, and so placed
as to receive the charge and discharge of a condenser
connected with the bridge-wire, for tho purpose of
holding the armature of the neutral relay while the re¬
versal of polarity is taking place.
Caveat No. 55, dnted January 18, 1875, describes
other improvements in the details ortho method of du¬
plex transmission shown in application No. 00, tho
fundamental principle remaining unchanged. It con- k
sists in an improved construction of the polarized relay,
and in tho employment of a “ secondary battery- " (a v
liquid condenser) to neutralize the static discharge from "
tho line. It also contains devices for repeating front ■
one line to another.
Caveat No. 58, dated January 18, 1875, describes ;
other improvements upon tho invention set forth in
application No. 90, and showing how it may bo adapted
to repeat messages from one circuit into another. This
improvement is embraced in application No. 118.
Caveat No. 57, dated Jan, 18, 1875, describes other
improvements upon the invention sot forth in applies-
tion No. 99. Instead of two separate relays, a singlo
rolay with two armatures is employed; one armature
being operated by changes of polarity and tho other
by changes of current. An induction coil is substi¬
tuted for tho condenser doscribod in caveat No. 52, for
the purpose of holding the neutral armature in placo
while the polarity is reversed. An induction coil is
also used to compensate for the static discharge of tho
Caveat No. 00, dated Jan. 18, 1875, describes fur¬
ther improvements upon the invention set forth in ap¬
plication No. 99. It shows improved methods of con¬
structing the polarized nnd neutral relays to render
them more easy of adjustment ; the application of a
condenser to the bridge wire, for the same purpose, but
in a different manner from that described in caveat No.
52 ; and the application of a repeating local relay to
the polarized receiving relay. It also describes a dif¬
ferent method of transmitting alternate positive and r.cg- •
ntive currents by one key, and increasing and decreas¬
ing tho potential or strength of current by another key
at the same station.
It will readily he perceived that all the in ventions
and devices described in applications Nos. 112 .ind 113,
and in caveats Nos. 51, 52, 55, 58, 57 nnd GO, are mod¬
ifications of, or improvements upon, the invention de¬
scribed ill application No. 99, which contains tho fun¬
damental principle of tho qundruplox apparatus. And
I respectfully submit that when Mr. Edison conveyed
to me one-half interest in each nnd all of theso inven¬
tions, he constituted tno irrevocably the owner of such
one-half; and tlmt iho subsequent application Tor a
patent on the amended specification, filed in tho office-
March 20, 1876, and tho passing by the Examiner of:
the same (thus procuring tho issue of patent No...
162,083 to Edison and Harrington) was manifestly in
derogation of my rights, and was surreptitiously dis-
obedient of your decision of March 20, 1876; that the
patents for these inventions, when issued, should bo ,
issued to Edison and myself.
I have tho honor to be, very respectfully, your obe-
GKOIK1K B. PltKSCOTT.
.New York, Deccmler 18(7i, 1876,
Hon. R. Hollaed Duell,
Commissioner of Patents.
Sin — I desire to call your attention to certain official
acts of Mr. Z. F. Wilber, a primary examiner in tbo
United States Patent Office, in connection witli tbo
matters sot forth in tlio following statement:
On tlio 10th of August, 1874, Thomas A. Edison,
by an assignment recorded August 20, 1874, in Liber
R 18, pngo 02 of Transfers of Patents, convoyed to mo
a half interest in his inventions in Duplex Telegraphs,
set forth in his applications for patents therefor, num¬
bered 04, 05, 06, 07, 08, 00 and 100, and in certain
other of his inventions in duplex telegraphy, the de¬
scriptions of which were lodged with George M. Phelps
for tlio purpose of having models constructed to accom¬
pany applications for patents therefor.
While tho nbovo named applications were ponding
in tho Patent Office, on tho 28d of January, 1875, Mr.
George Harrington addressed a petition to tlio Commis¬
sioner of Patents, asking that letters patent upon tho
aforesaid applications should bo granted to Thomas A.
Edison and himself, as assignees of Edison, under nn
alleged assignment dated April 4th, 1871, and rccordod
iu tho Patent Office May Otli, 1871, in Liber U 18, page
1112, of Transfers of Patents.
On the same day Mr. Thomas A. Edison addressed a
letter to tho Commissioner of Patents, without my
knowledge or consent, withdrawing his request for tho
issue of patents upon these applications to Edison and
Prescott, and requesting that they bo issued to Hnrring-
ton and Edison.
Thereupon tho Commissioner of Patents instituted
nn inquiry into the scope of tho two assignments re¬
ferred to, pending which lie directed that tho applica¬
tions should bo transmitted to him. Ho nlso directed
Mr. Wilber, the examiner of this class of inventions, to
/? 7 5”
report to him the meaning of the expression “ fast tele¬
graphy " contained in the assignment to Harrington;
mid therein used to define tbo character of the ittven- .
tions convoyed.
On tlio 20tli of January, 1875, Mr. Wilber made his
report to the Commissioner of Patents, stating substan¬
tially that fast telegraphy included duplex and quad-
rttplcx systems of telegraphy, and so covered the in¬
ventions which had been specifically assigned to my¬
self.
This construction of the Ilnrrington and Edison in¬
strument of April 4, 1871, was contested by mo upon,
a hearing before tho then Commissioner of Patents,
and niter full and elaborate arguments by the respeo-.
tivo counsel on both sides, tho Commissioner decided
on March 20, 1876 [see Official Gazelle , vol. 7, pager
423], that the patents for the inventions herein referred;
to when ready for issue should be granted to Edison;
and Prescott, and not to Edison and Harrington, thus
completely overruling the position taken by Wilber in
his report.
On the very same day that the Commissioner made
this decision in my favor, namely, March 20, 1876,
Thomas A. Edison revived nil old application, desig¬
nated by him as Case H (which had been filed April 20, ■
1S73, and rejected by Wilber May 8d, 1S73), by tho
filing of amended specifications niul claims which were
intended to embrace, and did in fact embrace, the most
important invention contained in tho applications as¬
signed to me.
This old application, thus amended so ns to. include
one of tho most important inventions which the Com¬
missioner of Patents had just decided should be issued •
to Edison and Prescott, was llirco dnys after (his do- .
cision assigned to Edison nnd Harrington, y.with the
ovidont nnd unmistnkcnblo intent to defraud mo of
my rights.
Immediately alter tho Commissioner lmd rendered his
decision oi March'20, Edison and Harrington applied
to the Secretary of tho Interior to withhold his signa¬
ture from tho patonts which should bo granted by tho
Commissioner to Edison and Prescott This application
was ontortained by tho Secretary of the Interior, nnd
tho subject was fully argued boforo him by tho respec¬
tive counsel. Ponding his decision,' which up to this
timo has not been promulgated, all action upon these
oases was directed to bo suspended.
In utter disregard of these facts, however, and whilo
tho applications, the titles to which woro in dispute,
were in the hands of tho Secretary or tho Interior, Mr.
Wilber, on tho 24th of April, 1875, allowed tho patent
upon tho rovived and amended application above re¬
ferred to, signed the file, and delivered it for issuo by
tho usual channel in tho Patent Ollico.
Thus, in utter disregard of both tho letter and tho
spirit of the Commissioner's decision of March 20th,
1876, and in wilful disobedieueo of tho orders for tho
suspension of all action upon tho applications for.tboso
inventions whilo under tiio consideration of the Secre¬
tary of tho Interior, Mr. Wilber allowed Edison s
suspended application of April 20th, 1873, to pass to
issuo, after having been amended by tho insertion of a
new claim, covering in the broadest terms the invention
which forms tho subject matter of caso 99, which was
assignod to Edison nnd Prescott.
Bv this procedure, Mr. Wilber causod a patent, con¬
veying the tillo to tho very invention which was in
dispute to bo granted to tho parties, to whom tho Com¬
missioner of Patonts had previously decided that it was
not to be granted j thus virtually usurping tho official
functions, not only of tho Commissioner, but oven of
the Secretary of tho Intorior, in taking upon himself
to decide ns to whom this invention was to bo awarded.
Tho Commissioner’s inquiry into tho title to caso 99
was practically an inquiry into tho titlo to tho inven¬
tion claimed in case H. Wilbcr himself in Ins opinion
of Jhnunry 29, put both enses on the samo footing; yet
Wilber, in violation and neglect of his plain, duty in
the premises! did not direct tbo attention of llio Com¬
missioner of Patents to tlio character of tlio invention
sot forth in ease H, nor to the fact that a now and ex¬
panded claim had been filed therein covering the very
invention claimed in case 00. It was also tlio duly of
tlio examiner to notify tlio applicants for ease 00 of tlio
existence of a prior application embodying tbo snmo in-
vention ; but, ns the file of Cnso 00 shows, Wilber did
not give that information. After the Commissioner's
decision was announced, Wilber having allowed this
patent embodying one of tbo inventions which the
Commissioner had decided belonged to Edison and
myself, ns assignees of Edison, still failed to inform tlio
Commissioner of his action, and consequently tbo patent
upon Cnso IT, for tbo invention described in Case 00
(being patont No. 102, G83, dated April 27th, 1876),
was issued to Edison and Harrington.
Wilber, as the examiner, was the only person in
the Patont Oilice who could identify' the invention for
which this patent on Case II was granted, and it will
til us bo seen that Wilber not only failed to carryout
the direction of tlio Commissioner of Pulents contained •
in his decision of March 20, 1876, that the patent for ■
this invention, when issued, should be issued to Edison,
and myself, but indicated in some way that it was a
patent to be issued to Edison and Harrington, whereby
it was wrongfully so issued.
I, therefore, clinrgo upon tbo foregoing facts, in con¬
nection with tbo grant of Letters Patent of tlio United
States, 102,033 :
First — That Mr. Wilber wilfully' ami improperly
neglected to inform the Commissioner ol Patents of tbo
cxislenco in tbo Patent Offico of n prior application of
Thomas A. Edison for n patent embodying substan¬
tially tbo same invention ns that described and claimed
in Edison’s application, designated Case 00, although ho •
well know that tlio Commissioner was ongnged in
inquiring into tbo question of the ownership of the said
Secondly — That ho wilfully and improperly neglected
.o notify tho applicants for Cnso 00 that an older appli¬
cation for a patont for substantially tho snmo invention
is that described and claimed in Case 00 was on filo
uul in his possession ns tho examiner of tbo class of
inventions to which this application belonged,
Thirdly — That, well knowing the soopo of tlio Com¬
missioner's inquiry and decision, and well knowing
that tho invention described in Cnso 00 had boon
assigned to Edison and Prescott, Wilber wilfully neg¬
lected to inform tbo Commissioner that Edison’s old
application, filed April 20, 1878, and rejected by him
(Wilber) May 8, 1873, bad been revived by tlio filing
on Mnrcli 20, 1876, of nn amendment covering the
identical invention described in Caso 00, nnd which tlio
Commissioner bail decided belonged to Edison and my¬
self.
Fourthly — That, well knowing the force nnd effect ol
tbo Commissioner’s decision and order made March 20,
1876, directing that tlio pntents for tbo inventions
described in certain cases, among them Caso 99, when
issued, should bo issued to Edison and Prescott, ns
assignees of Edison, Wilber nevertheless wilfully neg
lected to inform tbo Commissioner of tho fuot that
Edison’s aforesaid application, amended March 20
1S76, was for substantially tlio snmo invention ns tbn
described and claimed in Case 09.
Fifthly — That Wilber, well knowing that, by tin
routine of the Patent Ofiice, Edison’s amended npplicn
' tion, onco signed and delivered by him, would go ti
patent without attracting further notice, did, on tin
24th of April, 1876, sign tho said filo and delivor tin
snmo for issue by tlio usual channel, nolwithstnndin!
tho fact that he (Wilber) know that the invention d(
scribed and claimed in tho said application was in sut
stance identical with the invention described an
claimed in Case 99. . . „ .
. I also dcsiro to call your attention to the follow in
Aa soon ns possible nflor rooming notice of the issuoof
tlio letters patent 102,083, nbovo roferrecl to, I addressed
to tlio Commissioner of Pntonts two letters, copies of
which will bo found in tlio onclosed pamphlet. In:
my letter, on page 0, 1 referred spcciflcnlly to tbo inven¬
tions assigned to mo.by Edison and embraced in tlio'
Commissioner’s decision of March 20, 1875, ns follows:
Tho assignment of Edison to Prescott of August
19th, 1871, conveys to the latter—
First "Certain improvements in duplex tele¬
graphs ” described in applications for letters patent,
numbored 94, 95, 90, 97, 98, 99 and 100.
Suomi—'1 Otiior improvements in duplex telegraphs,
tho descriptions of which linvo been lodged with Geo.
M. Phelps, for tho purposoof models being constructed,"
said improvements being described in applications
numbers 111 and 112.
Case 111 had boon delivered by Wilbor to the Com¬
missioner of Patou ts, nnd had been retained by tho Com¬
missioner during tho time that ho was engaged in tho
inquiry into tlio controversy between IEnrriiigton nnd
myself upon the question of title.
Tho Commissioner’s decision of March 20th covered
tlio inventions for which models lmd boon mndc by
Georgo M. Phelps. It was well known to Wilber that
Phelps made tlio model filed with Case 111, having •
been specially informed of the fact by Georgo M-
Phelps, .Tr,, the clerk or foreman of his father, Georgo
M. Phelps, under whoso supervision the models wero •
made, and who visited Washington for tlio express
Purpose of identifying these models with Cases 111 and
112, nnd who, under the authority of tlio Commissioner'
nnd incompnny with Mr. Wilbor, visited tho machinist’s
room in tho basement of tho Patent Odico and picked
out tlio models mndo by him, nnd nftcrwnrds made an •
affidavit in which ho deposed that bo identified tlio
models accompanying Cases 111 nnd 112 ns boitig two
of tho models mndo under his supervision, and handed
tho affidavit to Mr. Wilber.
• Caso 111 was not specified iu tho application of
Edison nnd Harrington ns ono of the cases upou which
.they requested tho Seerotary to withhold his signature,
.but tho Into Commissioner of Pntonls, ns I am informed
by him, directed Wilber not to issuo pntonts upon any
of tho cases which had boon before him, 111 being onu
of them, until tho determination of tlio application
mndo to tho Seerotary of tho Interior. Yet Caso 111
, was patented October 6, 1876, and the loiters patent
therefor, No. 108,886 were issued to Thomas A. Edison,
instead of to Edison nnd myself, ns assignees, ns tho
Commissioner of Patents had ordered. Tlio filo of
Cnso 111 shows that tho application wns received in tlio
Patent Offico on January 20, 1875 ; that tlio first notion
upon it wns on March 25, 1875 (fivo days nflor tho dnto
j of tho Commissioner’s decision), nnd that ou tlio 27th of
..March Wilbor allowed tbo application.
The noxt notion in the case wns on tho 80th of Sop
lumber, 1876, when Wilber again oxaminod nnd
allowed tho application, Bigncd tho filo, and sent it out
for issuo through tho usual channel. Ou tlio day tliut
Wilber did this tlio Into Commissioner's torm of offioo
expired.
Wilber not only did not inform tho Commissioner of
Patents Hint ho bnd allowed Caso 111, but deliberately
disoboyed the order of tbo Into Commissioner in sign¬
ing tho filo nnd Bonding it out for issue.
I thcroforo charge iu this connection :
First — That Wilber, well knowing that Edison’s ap¬
plication for a pntont dosignntcd by Edison ns cnso 111,
* covered ono of tho inventions conveyed by Edison to
himself and Georgo 15. Proscott, assignees, novortholoss,
wilfully and improperly nbstninod from notifying tho
Commissioner of Patents, that the snid application lmd
been allowed on March 27th, 1875, and lmd been re¬
examined nnd again nllowcd by him, tho said Wilber,
on tho 80th of September, 1876.
. Secondly — That Wilbor, woll knowing that Edison’s
•Caso 111 was ono of tho applications affected by tho
Commissioner's order or March 20, 1876, niul well know-
ing that the patent for' the invention described in the
said ease, when issued, was by the order of the Commis¬
sioner to bo issued to Edison and Prescott, ns assignee^
nevertheless, wilfully abstained from informing the
dorks and other officers of the Patent Office having in
shargo tho issue of patents, that be hnd passed the said
Case 111, and that it was one of the cases governed by
die Conmtisssioncr’s decision.
Thirdly — That Wilber, w'ell knowing that by tho
routine of the 1’atont Offico tho said Caso 111, when
ligned by him, would go to patent without attracting
.urtlier notice, in utter disregard and violation of tho
>rdcr of the Commissioner of Pntcnts, did sign tho filo
>f the said caso and transmit it for issue through tho
isual chnnnol, whoroby tho said Caso 111 was patented
October 6, 1870, the letters patent therefor, No. 108,383,
icing granted to Thomas A. Edison instead of to
L’liomns A. Edison and George 11. Prescott, assignees,
s tho Commissioner of Pateuts had ordered.
Fourthly — That Wilber, well knowing that Edison’s
ipplination, designated Case 111, covered one of tho in-
motions assigned to Edison nnd Prescott, nnd having
iropcrly transmitted or delivered the filo ami contents
if Case 111 to tho Commissioner in person, as one of
he eases in controversy, in responso to tho order of tho
Commissioner to transmit to him all the cases in ques-
ion for examination of tho title; nevertheless, oh
September 80, 1876, tho dny that Commissioner
lhachcr’s term of offico expired, passed Case 111. and
fully issued to Edison alone.
Fifthly — That Wilber wilfully abstained 1
information to tho proper nuthorities of i
Offico in regard to Caso 111, and thereby
Letters Patent 188,886 to bo wrongfully
Thomas A.. Edison when ho know that by a lottor to
tho Commissioner of Pateuts, dated March 26, 1876,
from Georgo B. Prescott's counsel, Messrs. Porter,
Lowroy, Sorcn and Stone, tho authorities of tho Patent
Office had boon explicitly informed that Caso 111 was
one of the oases in wliioh Prescott claimed an interest.
Sixthly— That Wilber wilfully permitted Caso 111 to
go to patent, nnd to bo wrongfully issued to Tliomae
A. Edison, well knowing that tho Commissioner of
Patents hnd boon requested to permit Mr. Phelps to ex¬
amine tho models of Caso 111, and other oases, and well
knowing that after such examination Mr. Phelps had
made affidavit tlint he, Phelps, recognized tho model of
Caso til as a model made by him for Edison nnd Pres¬
cott, and well knowing that tho Commissioner’s decision
of March 20th, 1875, ordered that tho patonts in tho
cases so recognized by Phelps, should bo .ssued to
Edison and Prescott.
In these acts of Mr. Wilbor there are, I respectfully
submit, grave offences against tho honor nnd dignity of
the .Patent Office, and gross violation of my rights and
or the rights of tho public. I am interested in n largo
number of applications for patonts for tho same class of
inventions as those hero referred to, which are now
pending in the Patent Offico, and I respectfully sub¬
mit that my interests in thoso ensos are soriously im¬
perilled ir the power to dispose of them, ns has boon
done in the cases now brought to your attention, is
longer confided to Mr. Wilbor. And I further sug¬
gest that a duo regard to the rights of tho public, and
especially of thoso having business with that branch of
the Patent Offico now under tho chnrgo of Mr. Wilbor,
demands that ho bo romoved from tho place wliioh he
now holds.
I have tho honor to bo your obediont sorvant,
George B. Prescott.
BEFORE A COMMISSION
COMMISSIONER OF PATENTS,
IN THE MATTER
Charge .s preferred by GEORGE li. PRESCOTT against
Z. F, WILBUR, a Principal Examiner in the United
States Patent Office.
BRIEF OF GEORGE B. PRESCOTT.
BEFORE
oo35vC3s<rissxojsr
(Kjonnubsimm1 of ptcufs.
In tlio matter of tho charges or
Grioifnu B. Prescott
against
Examiner AVilrer.
BRIEF OF GEORGE B. PRESCOTT.
In tlio matter or tho grant of Letters Patent or tho United
States, Ho. IG2,G33, or case It.
1. Inasmuch ns a like jintcntnblo invention was shown
or described in each of the two applications designated as
caso H and easo 89, which were both ponding in tlio Patent
Ofllco at tlio same time, which invention wns claimed in tlio
later application [caso 99], though not specifically claimed
in tho earlier ono [caso II], a ly/msi-intcrfercnce existed
• between tho two applications, upon which tho Examiner
wns bound by the rules and practice of tho Ofllco to take
proper action.
2. Tho application flrst tiled [caso II], having, subse¬
quently to tho tiling of tlio second application [ease 99], been
amended by tho insertion in tlie specification of now matter,
and of a now claim, synonymous in its terms with omiot
tho existing claims of tho second application, so tlmt each
11 1 t emit cli like claim lor tho same patentable
subject matter, the Examiner was bound by tho rules nail
practice of the Ofllco to notify tho applicants in both eases,
and to compel tho withdrawal or the said claim from the
lator application, as a necessary pre-requisite to its insertion
in tho earlier one.
3. Tho Commissioner of Patents having ofllcially decided
that tho invention shown, described, and claimed in appli¬
cation No. 80 belonged to Edison and Prescott, and having
afterwards made special inquiry of tho Examiner whether
enso II was or was not embraced within that decision, the
Examiner was in duty bound to inform the Co . .
that tho snme subject matter was cluimcd in case II that
was claimed in case 00. ; . F
1.— In the case under consideration two sepamtu applica¬
tions for letters patent for duplex tolcgmplis wero tiled by
tho same inventor, Edison. The ilrst application [caso^j
was tiled by Jliiun & Co., nttornoys of record, on the 20th
of April, 1873, and the second application [case 00] by
soon, in application No. Oft. But case II lmcl already boon
on (lie in tlie olllco sixteen months, and consequently had a
prima facie right to tlio broad claim ns expressed in claim
The first ol' theso claims, although objectionable in form,
is clearly intended to cover the combination of apparatus
described, whereby two distinut messages may bo trans¬
mitted over ono wire, in the mine direction and at the sanio
time ; in other words, it is a claim limited to certain devices
arranged to'produco a specific result, via: duplex trans¬
mission in the sumo dircctftm. Tlio second claim, on the
contrary, is a brand claim, iii terms expressly covering tbo
combinatioii specified whoa applied ton duplex telegraph,
that is, when employed to produce, in any form, tlio result
technically termed duplex telegraphy, i. c., tlio siimiltniicons
transmission of two independent sets of signals upon ono
lire. '
There can bo no doubt ns to wlint this claim was in-
ended to cover. But Mr. Wilber goes into a lengthy
irgumont, apparently for tlio purpose of proving that the
-wo inventions uro entirely distinct, and that no claim,
lowovcr brand, in ono case, could interfore in the slightest
logreo with a claim for exactly the sanio tiling in tlio other
msc, becauso the effect produced is ono species of duplex
elcgraphy in ono case, and another species of duplex tele-
pnpliy in the other ease. If tlio combination by which
hose olfccts are produced in each case possessed no novelty
n itself, then his reasoning would have some force. But
t scarcely requires moro than an elementary knowledge oi
ho principles of pntont law, in order to understand that if
luplox telegraphy in either of its two forms is tmpnble oi
icing effected by tlio uso of tlio sumo combination of doviccs
ir elements, a combination in itself novel, then tlio applies-
ion in which priority is proven is most unquestionably on-
itled to a claim for tlmt combination brand enough in its
copo to cover its application to duplex tclogiiiphy in any
brm; aswollas to additional claims i if nuioro restricted
hnmetor, covering tlio particular nrrnngomonls which are
mployed in that particular branch of duplox tologrhphy.
low this is precisely wlint actually was claimed, as wo have
>licntions Y Tlio now specification in ease 11 stales that
invention 1ms for its object “ the simultaneous transmit ■
i of two different despatches or signals over the Mine tine
■efrom opposito directions, or ill the name direction;” mid
t “ tlio invention consists in the transmission of posihte
l negative currents over the tine to effect the reception of one
mage, and tlio incrcane and dccreana of the strength of that
rents , either positive or negative, to effect the. reception oj
other message
laving thus distinctly stated Unit tlio invention in easo
consists in tlio nso of tlio very coinliinalioii described
1 claimed in case 9!), Edison then proceeds to claim it in
blondest possible manner in easo IT, ns follows:
f ’ho combination, with the main line circuit, of a rmicinj
'ruincnt operated by changes in the polarity of the current
cpendcntly of tension, with another receiving instrument
rated by changes of tension independent of polarity, incam
changing the polarity of the current, and means of changing
tension of the current, substantially as and for the purpoa
cijied.
Tow, when wo coniparo this claim with tlio second chuni
:nso 99, wo iiiul that tlio language of the two claims is it
ict synonymous.
\. receiving instrument operated by “changes in the polar
of the current,” in tlio words of tlio third claim of till
ended ease U, is a description of the same thing as i
olari/.ed magnet” which “ responds to change of polarity,'
tlio words of tlio second claim of case 99. So, also, “i
civing instrument operated by changes of tension,” in tin
rds of tlio third olnim of case 11, is a description of I In
no thing as an “ ordinary magnet” which “ responds lo ai
reuse and decrease of the current.1’ in tho words of tin
:ond claim of easo 99. . .
L'hus, alter tlio filing of tho amendment of March 20th
iro were two sopnmto applications in tho hands of tin
nminer. Tho title of tho invention is tlio same in eacl
io; tho object of tlio invention in each, ns sot forth in tin
laniblo of thu respective specifications, is tho same; tin
•entiou itself is stated to consist in tho same combination
[l employed in cncli easo for tho same purpose, lly lh
ug of this unloaded specification, therefore, tho two nppll
“instructions, would lmvo to bo , modi fled, tlmt J would
“ hold, only tlioso referral to in his decision, or identiOed
“ ns being embrnced within it I told him that I hail never
“ eonsideral this am an being for any invention claimed in
“ the Edinon-Prcncott canen, nml tlmt it lmd been (lied a year
and a lialf beforo the Prescott assignment. Ho then nil*
“ vised mo to send it forward immediately, and avoid fur-
“ thcr coiinilamt. I hereupon I returned to my' room, went
“ over tlio enso (somowlmt imrricdly), and sent it forward
“ that same afternoon.”
Now, it will bo observed, in the first place, tlmt the pre¬
tence of Sorrell’s telegram containing a complaint is with-.;:
out any foundation in fact. Tho telegram speaks for itself)
and in his account of tlio interview in his letter to Wilber,
Commissioner Timelier says not a word about a “ conn
plaint.” Tlio excuse of a “complaint” is purely an inven¬
tion of Mr. Wilber’s. Ho well know Unit Sorrell was not
the attorney in the enso ; tlmt ho had no sort of connection
with it ; and tlio fact of his asking to huvb it issual, under
existing circumstances, was in itself a suspicious occur¬
rence. But Mr. Wilber carefully conceals this fact from
tlio Commissioner, if ho did not actually mislead him in the
mnttor; and then, as tlio Commissioner himself says, “Ill
“ reply, you (Wilber) stated that tho application amid
“ not imnniblg bo brought under tlio operation of that tie-
“ cision, an it lean for different nnbjcet mattern,” etc. Now, is
it to bo supposed for one moment, that tlio Commissioner,
in tho face of his recent decision, would have advised the .
issue of tlmt patent without farther cxiimiimtion, if ho hail
known that tho nubjeet matter was tlio same, and not
different, both being for duplex telcgrapliB, and that in each
of tho two applications tlio invention purported to be ccr- :
tain means for duplex transmission in tho sumo direction,
these means being tho sanio combination in each, and con¬
taining claims precisely synonymous, unless ho lmd been
deliberately ami intentionally deceived by Mr. Wilbert.:
Tho Commissioner must depend upon tho good faith of his
subordinates in such matters. It is a physical impossi¬
bility for him to personally investigate every enso of this
kind. Ho appears to lmvo tnkon every reasonable precau¬
tion to guard against orror, by questioning tho Examiner
that ofllcc, tho course was loft clour for issuing a patent for
tlio iurention embodied ill it to Edison nml Harrington, by.
menus of the recently amended application in case U, pro."
vided Wilber could deceive the Commissioner into tbs'*
belief tlmt case H was not one of the cases affected in any
way by Ids recent deuisiou.
A day or two before Harrington's appeal to the Secretary
of the Interior, Wilber suys the Commissioner “asked mo
“ what course I was taking in tho Edison eases boforemo. I
“ told him I had cleaned up those which hud been awaiting
“action, rejected some and passed some. Jle said I had
“belter not tet any go out until Mr. Prescott hail hail an oppor-
“ t unity to identify such an he claimed, anil which were not
“ identified in the assignment. I asked him if tho automntio
“cases, about which there could bo no possible dispute;
“ should bo held up too. lie said no, that they could go
“ right ahead, but to kohl others."
Alluding to case II subsequently, Wilber says ho “'looked
“over tho case in turn, thought it was probably all right,
“ and then, in pursuance of the wishes expressed by tho:
“Commissioner, lot it lay.”
As case H was not an antomntic case, how could Wilber,
issuo it in tho face of tho above order 1 It will bo seen that;
bo was equal to tho emergency. After tho Secretary had
tied up 00, everything remnins quiet foru few weeks, whenn
favorable opportunity occurs, and the whole plot being cun¬
ningly arranged, the scheme is successfully exploited.
Edison goes to Mr. Sorrell’s ofllco in Now York, in his
absence, and gots Mr. Sorrell’s oillco manager to telegraph
to tho Commissioner about case II— over tlio signature of
Mr. Sorroll, who had nothing to do with the case. (Why not
tclcgruidi over his own name, or of his authorized attorneys;
Munn & Co. t) Tho telegram is referred to Wilber, and lie
tells tho Commissioner that tho application roferred to by
Mr. Sorroll could not possibly be brought under tho opera¬
tion of that decision, us it was for different subject matters;
thut ho lmd never considered this case ns being for any
invention claimed in tho Edison-Prcscott cases, and that it
had been filed' nearly a year and a half, before tho l’rcscolt ■
assignment; and in tho belief that Wilber’s ' statement was V
trao, tho Commissioner advised him to issuo it. Wilber is
in such haste to issuo it, although it hns been lying quiotly
in his (llos for two years, that ho cannot stop to read it
through, but sends it forward that samo afternoon. Ono
of Harrington’s attorneys, not of record in tho case (Chan,
dlor), is ready with tho final fee; it is promptly paid, and
tho whole nffiiir is finished up during a single day.
Mr. Wilber’s defence of his action in regard to cases H
and 119, consists in attempting to show— first, that tho two
inventions are not. tho samo, and, second, that if they aro
tlio same, ho did not know or bolievo that such was tho
As beforo stated, tho real question is not whether tlio
two inventions aro tho same, but whether tlio samo patent-
able combination is shown, described, and claimed in each
of tho two applications, it is scarcely necessary after all
that hns boon said to dwell at length on this point. .
Moth tho applications in question describe substantially
tlio same elements combined together to produce tho samo
result, this result being tho simultaneous nud independent
transmission of two despatches upon ono wire. No attempt
has been made to show that thin result, when produced by
means of this combination, is not now, nor can it bo domed
that the result is described as being produced bj substan¬
tially the samo combination in both cases. Simultaneous
double transmission, technically termed duplex telegraphy,
is of two kinds, namely, transmission in opposite direc¬
tions and transmission in tho same direction, i hose aro
two forms of one thing, ono form being just as much a
duple v telegraph as the other, no more, no less. Numerous
examples of each of these forms ol duplex telegraphs wue
already known at tho date or Edison s first application.
Some of these combinations (for example, Bossohn . s) mo so
organized as to be capable of simultaneous double trans-
mission either in opposite directions or in tho
lion, by simply changing tho order ol succession of the
diilJreut parts of the apparatus, viz., tlio two transmitting
kevs and the two receiving instruments upon the lino, a
change requiring the exercise of nothing beyond ordinary
skill and judgment, us distinguished tom ^ intcn on.
Others are organized for tho special purpose ot In plox
transmission in opposite directions, .making use of amigos
which aro not available for ti i si i sio i tho_8a no nroc.
tion, and others again aro exactly tho reverse of this, being
organized for the special purpose of duplox transmission in
tho sumo direction, making use of devices which are not
nvailnhlo for transmission in opposite ilircctions.
It is clear, therefore, that tit is combination is patentable
ns n combination by menus of which duplex transmis¬
sion in nny form may be eil’ectcd, and tills without, refer¬
ence to the mere geographical distribution of thu different
part of tho apparatus upon the line. On tho contrary, tho
great vnluo of tho combination, which forms the gistof tlio
invention both in case II and case Off, consists in the very
fact that it is callable of being employed for duplex tele-:,
grapliy under so many different conditions, whereas nearly
every ono of the previously invented combinations were of
limited application, and therefore of far less practical value
than this.
The fact that tho same patcntablo invention is shown,
described and claimed in both these eases, has been shown '
boyoml question by tho testimony of Mr. Prescott and Mr,-
Pope. In addition to this, the attention or the committee:
is invited to tho opinion of Mr. Moses G. Farmer, a gen-p
tlomnn who bears a deservedly high reputation as an
export in cases of this kind.
Mr. Farmer’s opinion was forwnrdcd in answer to a tele-:
graphic despatch ; lie had no opportunity to consult with
others, and no information us to what tho opinion of others
upon tho subject might be. The opinion is ns follows :
Geo. B. Prescott, Esq.
Sir — In your telegram of Feb. 10th, you say:
“ Please give mo your opinion ns to whether the inven¬
tion shown, described, or clnimcd in Edison’s case !I9, em¬
braces the invention shown, described or elnimcd in uny:
of Edison’s applications in caso II; nnd whether the com-:
bination described in tho third claim in ease II, does, or
docs not, cover an essential elumcnt or feature of the
invention shown in case !)!>t”
In reply, I bog to submit tho following statement as pre¬
senting my views of tho matters above referred to :
In the first plneo, tlicso two inventions, viz., ense H and
caso 09, have a common object; it is this: to puss simul¬
taneously two signals instead of one, over a singlo wire
which connects two distant stntions.
Tills otid 1ms often boon attained boforo in various ways
and by the use of different means: in some cases by tho
use of currents varying only in strength but not in direc¬
tion ; in other eases, by tho use of currents varying simul¬
taneously both in strength and direction.
In these two inventions, however, means aro so em¬
ployed that ono opomtor makes use of currents varying in.
strength only ; wliilo tho other operator mnkos use of cur¬
rents varying solely in direction.
Tho means employed to produce these changes in current
strength and currant direction, so far ns these functions are
concerned, are well known electrical equivalents, although
tho derails of tho apparatus employed to accomplish tho .
desired ends differ in the two eases, and for this reason :
In case II, the object is to pass tho two simultaneous sig¬
nals in opposite directions over tho wire ; wliilo in caso 00
tho desired object is to .pass tho two simultaneous signals
over tho wire in the snmo direction.
This fact necessitates a modilicatiou of thu devices em¬
ployed. In case 09 the apparatus used for reversing tho
direction of tho current simply interchanges tho connec¬
tions of the battery poles between tho line and earth wires,
using only ono battery for this purpose.
lii case H it is necessary to provide twice ns much bat¬
tery ns in caso although only ono half of it is used at
any ono time, so that tho virtual strength of cun-put on
tho lino is, at any time, equal in case II to what it is m caso
99, so fur as tho action of tho reversing key nflccts it.
In caso If tho middlo of tho main battery is in permanent
connection with tho main line, wliilo its two extreme poles
are put into nltomnto connection with the earth pinto by
the notion of the reversing key ; and it so happens that, by
•the action of this key, alternate positive and negative cur¬
rents are sent into tho line, and that, too, equally ns well ns
i„ case 99, where the two end connections of the main bat¬
tery with tho earth and lino aro nltcrmitoly interchanged
by the action of tho reversing koy. ,
Next, with reference to the action ot the koy which
changes tho strength of the current.
in case H this key K' by its action simply introduces
more or less resistance into tl e i c c it tl o it ite
rially affecting tho olectromotivo force, anil so it ollccts,
just iis truly, tv clmngo in tito strength or tlio current tu
does the koy.oin case 91), which key o simply introduces
into the main circuit more or loss electromotive force with,
out necessarily greatly or appreciably altering the resistance
of such main circuit; ami since strength of current is sim¬
ply tlio relation of electromotive force to resistance, in any
circuit, it matters not whether we clmngo the electrmnntive
.force or vary tlio resistance in such circuit, siuco in either
enso wo alter its strength of current.
I am therefore led to give it as my opinion: 1st, that U19
invention shown and described in Edison's ease 99 em¬
braces essentially an elomont of grcnt iinportanco in case
JI ; and 2d, that tlio third claim of enso II does really
cover that peculiar feature of case 99 which refers, us above
explained, to tlio entire iudcpcmlcnco of tlio two suts of
simultaneous signals.
MOSItH tl. FAKMBIt...
U. S. Naval Ihrjmlo Station, Newport, It. L
It will bo observed tlintMr. Farmer begins by saying that
tlio two inventions •• have a common object;” anil this object
ho says is “ to pass simultaneously two signals instead of
“ otic, over a singio wire which connects two different sta-
“tions.” Then he goes on anil explains the peculiarities of
detail in tlio two cases, showing that ci|uivalcut elements
are used in each, and dually sums up by saying that, in his
opinion, “ the invention shown and described in Edison's
“enso 99 embraces essentially an element of great, import-
“ mice in caso II,” and “ that tlio third elnim of ease II
“ docs really cover that peculiar featuro of enso 99 which
“refers, ns above explained, to the entire independence of
“ tho two sets of simultaneous signals.’'
It is argued by tho Examiner, that although each appli¬
cation does contain a description of tho same combination,
and although this combination is employed in each enso
to accomplish tho sumo oml, viz., duplex telegraphy,, yet-
as in ono caso tho duplux transmission is in the. samp
direction and in tho other it is in opposite directions, thiit
the results are ditl'crcnt, and oonscigiciitly the inventions,
must bo different In reply to this wo say that tlio results '
are not different.: Each Invention purports to bo an improve-
uient in duplex telegraphs, anil describes and claims a pur? -
combination applicable to duplex telegraphy. Iho
ition is now, it is the same in each case, tho only
tl difference being tho particular subdivision or spo-
duplex telegraphy to which it is applied. Now this
•luiin lor this now combination belongs to one of
uses or tho other; it cannot belong to both, for tho
1 not grant two patents for the same invention. Tho
icr maintains that it belongs to neither, but must bo
ted as referring to the particular arrangement ot
,vhich are made usu of to produce tho particular
• the result in each case. If tho combination claimed
ot a now ono, this reasoning would have some forco;
attempt is made to disprove its novelty, and wo may
ire assume Hint this much is granted. If it is granted,
pillion t fulls to tlio ground, for tho principle is well
’that tho inventor of a new combination is entitled
cut; its exclusive uso for any purpose to which it is
iblo. The language of tho courts on this point is
ml; emphatic.
10 plaintiffs patent covers all tho modes and pro-
is by which the principle of his invention is made
stive in practice.” ( Tilghmun v. ll'crtr, 2 Fisher, 220.)
m patentee is not obliged to state everything to which
nvciition is applicable in order to bo protected in tho
y meat of tlio exclusive right to such things.” (Fib v.
, 3 Fisher, flii.)
'lien the menus, devices, and organization are pat-
d, the patentee is entitled to tho exclusive uso of this
Imnicnl organization, device, or means, for all tho
1 and purposes to which they can bo applied, to overy
Btion, powor, and capacity of his patented machine,
lout regard to tlio purposes to which ho supposed
innlly it was most applicable, or to which ho supposed
rim solely applicable, if such wero liis original viow.”
ccr v. lloach, 4 Fisher, 12.) This was reaffirmed hi
isc of McComb v. JirutUe, 5 Fisher, 381.
teems to us that it needs no further argument to show
Mr. Wilbor’s admitted incapacity under tho circuin
cs to discover anything in the claims of caso XI which
cts with those, of caso 99, is of such a nature as to
nsly imperil tho important interests which arc confided
in nn n Prmciiml Examiner in tho Patout Ofllco.
Dine ol value! ” in qtmdruplex telegrai
iof all tills, when the Commissioner,
ily wholly depcmlent oil tho Examine
o tho uliaractur and scope of ease If,
nine about it, lie informs the Commissii
:cs, that ease II “coulit not inmibly b
opciutioii ol his decision, us it was Ih
ten !”
emnil— Observe tho extreme euro wl
Wilber from lirst to last, to prevent tlii
o oven of the ' existence' of case II fi
irney or other parties interested in ci
ison conveyed his interest m enso 1)9, among others, tc
. Jay Gould, with the evident intention, ns subsequent!}
flier rovonlcd by his letter to tho Commissioner of Patents
January 23, 18715, of defrauding Mr. Prescott of ldi
lits. This sale to Gould is evidence tl I
lint Prescott commenced at least as early as January 4
15, mid ns an arrangement involving interests of sael
[gnitndo is not usually mado in a moment, it probabl;
nmeucvd some days earlier. If all the subsequent ex
ordinary acts on the part of Mr. Wilber, in relation ti
iso two cases, were in furtherance of a pre-arranged plan
is quite possiblo Unit oven this lirst act may also havehai
nothing to do with it.
On Snturday, tho 23d of January, Edison writes a lette
the Commissioner of Patents from Newark, N. J., in wliio
i says : .
“ I therefore withdraw my request for tho issuoof patent
tor Duplex and Quadruplox transmission to Edison an
Prescott, and unite with Gcorgo Harrington in his pet
tion, this day tiled in your ollice, requesting the issue <
tho letters patent to Gcorgo Harrington and myself, i
tho proportions set forth in tho power of attornoy an
assignment of April 4th, 1871. and tho contract tlierei
recited.”
This letter, which couhl not have reached the Comini
suer before Monday, January 25th, 1875, formed the has
r the action of tho Commissioner, which is thus alluded I
Y Wilber on page 2 of his statement :
« Some time in January, 1875, an order came to mo
solid to tho Commissioner cases 94 to 100. I was altc
wards sent for .'by him, mill instructed to read the Hu
rington and Edison assignment or agreement, and repo
in writing tho meaning or scope of the term < fast sy tom
or ‘fast telegraphy,’ and whether inventions of this cla
were included thereunder.”
Wilber docs not state how long afterwards it was heft
io Commissioner asked him to report in writing upon t
hove mutter, but it is significant that his report— a .mot
f ingenious sophistry— was delivered to tho Commission
equally sophistical argument in opposition to Mr. Prescott's
charges of improper action in this oaso.
Mr. Wilber makes tlio assertion botli in his statement
page -1, and again in his argument, page 45, “ that all partici
had oilieiai notice of the existence of cnscs A to XI nearly
three months beforo the issuance of II.” Ho oilers m
proof of the truth of this, ami it is not capable of prool
In his report to tlio Commissioner, of January 29th, 187C
it is truo Mr. Wilber incidentally refers to “certain othe
cases, numbered by letters A to H inclusive (duplex cases)
ns coming within tlio seopo of tlio Harrington assigi
meat; but this is in no sense a notice, ollicial or otherwise
to “ all parties concerned.” It is simply a private con
munication to tlio Commissioner, ami contains nothing t
indicate, oven to him, that these applications were mainly
duplicates of tlio later scries. Mr. Prescott knew nothin
of tlio contents of this report, nor was it intended tlint li
should until after ease II was allowed to go to patent and
pnss into tlio hands of tlio adverse party. There is not on
word of truth in tlio statement that Mr. Prescott was not
lied of the existence of case IX beforo its issuo to Ediso
and Harrington, nor was any notice ever given him tlinta
Edison’s cases on illo in tlio .office were .open to tlio inspe
tion of all parties interested. If any such notice was givoi
why has Mr. Wilber not given some detailed information i
regard to it t ^
In tlio matter of tlio grant of Lottors Patent of tlio
United States, No. 108,385, (case 111).
1. Tlio invention described in application Ho. Ill, of
Tliomns A. Edison, (lied January 20, 1875, was included
within tlio seopo of tlio Commissioner’s decision of March
20, 1875, and tlio Commissioner was duly notified by Mr.
Prescott’s counsel that such wus the case.
2. Tim Commissioner, in piirsimnco of such notification,
ordered Mr. Wilber not to issuo any of Edison’s applica¬
tions (other than automatic) until Mr. Prescott hail had
an opportunity to identify such of them ns lie claimed were
embraced witbiu the seopo of tho decision.
3 Oaso 111 was duly idontilied ns ono of tlio cases com¬
ing within tlio provisions or tho Edison-Prescott assign¬
ment. As a necessary consequence, it was subject to tlio
Commissioner's decision of March 20th, and in accordance
therewith, should have been issued to Edison and Prescott.
Mr. Wilber directly violated tlm order of the Commissioner
by issuing enso 111 to Edison, in any case; If, ns lio assorts,
ease 111 had not to his knowledge been identified, then bo
could not possibly lmvoknown which particular applications
had been idontilied and which had not, anil lie. had no
right to issuo any of tho cases without this knowledge. If,
as wo assert, tho enso hail been identified as being ono ot tho
Prcscott-Edison cases, anil the 'evidence thereof placed in
Mr. Wilber’s hands, then bis violation ortho onlorwns
clearly an act of wilful disobedience.
|. Tho assignment of Edison to Prescott, of August 19 th,
1874, and printed in full on page 35 of tho accompanying
pamphlet, marked A, convoys to tlm latter, by an instru¬
ment under seal, certain improvements in duplex tele¬
graphs, described in applications numbered 94, 9u, 90, 97,
98, 99, and 100, dated August 19, 1874, and contains in ad¬
dition thereto tho following clause : .
“And whereas, said Edison has also invented other im-
“provomonts in duplex telegraphs, the descriptions of
“ which have been lodged with Georgo M. I helps, for tlm
“purpose of models being constructed, it is hereby agreed
“that each inventions areinelndcd in this press t gee et
“and that when the applications for patents are made, tho pat-
“cuts to he granted in accordance herewith, anil that tho said.
assanS-s
109,' hutosfve) referred to therein, wore filed °» Soi’tomber
2d, 1874. No. 112 was filed on December 28th, 18.4. On tlio
23d of January, Georgo Harrington made application to
tho Commissioner of Patents to have tlm above mentioned
applications, including No. 112, issued to Edison and him¬
self, instead of Edison and Prescott. . . .
In a letter of tlm same ilat 1 loit.„t 1 rtto
from Newark, N. J., Edison withdrew Ins request for the
issue of 'tlieso patents to himself and Prescott, and united
with Harrington in the request Hint tlioy bo issued
self aiiil Harrington.
The application now in question, ease 11 1, was II
nary 20th, 1875. This, nmlcnso 112, ]>rovioiisly lile
then exactly upon tlio same footing, caeli of thei
cases wiiose descriptions lmd been lodged with Mr.
for tlio purpose of having models constructed. U
receipt of tlio nbovo communication from Edison m
rington (which, ns tlio 24th was Sunday, conhl linn
been beforo tlio 2.1th), tlio Commissioner ordered 1
ber, ns ho says, to send him cases 01 to 100 (anil p
112 also). Ho likewise instructed Sir. Wilbor, at
incut interview, to road tlio Harrington and Edisoi
nont, or agreement, and to report in writing tlio n
>r scope, of llio term “ fast, systems ” or “ fast tolc{
»nd whether inventions of this class (/. e., duple:
ions) were included thereunder.
On the 2!ltli of January, Mr. Wilber made his
eport to tlio Commissioner, slating Unit ho was
‘ opinion that tliu cases referred to clearly fall within
‘.visions of tlio assignment anil power of attorney
1 to.” This construction of tlio Harrington and Ed
itrimient of April I, 1871, was contested by Mr. J
lpon a hearing beforo the Commissioner of -Paten
‘iter full and claborato arguments by tlio respeeth
icl on both sides, tlieCouimissioncr decided on Mar
87o, that the patents for tlio inventions in conti
'•hen ready for issue, should bo granted to Edit
’rescott, and not to Edison and Harrington.
The Commissioner’s decision or March 20th, 187
lortcil in the Official Gazette, VII, 422.
In it tho Commissioner sots forth in full tho ussi
if Edison to Prescott, including tlio express provis
lie improvements in duplex telegraphs, tho descrip
vhich.liad been lodged with Mr. Phelps for tlio pm
laving models constructed, wero to bo inuhided in
ignnient. Obviously, therefore, it only remained
ily tho particular applications embodying these ini
ir improvements to tho siitisfnction ol' tlio Ooninii
o.plnco thorn on exactly tlio same footing with cast
00. Application Ho. Ill was allowed by tho E:
in tlio 25th of March, and Mr. Prescott, as ono
partios in intbrost, was duly notified by tho attorney on tho
"(itli. Ho thereupon took immediate measures to call tlio
attention of tlio Commissioner to tho fact that this applies-
thin, us well ns *12 and 113, woro included in liis decision.
On tho same day ids counsel addressed the following lottor
to tho Commissioner:
Hew Yoitic, March 20, 1875.
Hon. J. M. TiiAwimt,
Onmmimioner of Palenlo,
Washington, U. C.
Sir: We havo tho honor to notify you, on behalf ol Mr.
C’r. B. Prescott, that caso Ho. Ill , by Thomas A. Edison, is
ono of tho inventions specially referred to and covered by
tho agreement between said Edison nml Prescott, dated
August tilth, 1874, anil therein referred to anil identified
ns follows : “ And whereas tho said Edison 1ms also invented
•i other improvements in duplex telegraphs, tho descriptions
“of which have been lodged with George M. Phelps for tlio
“purpose or models being constructed, it is hereby agreed
« Hint such inventions are included in this present agree-
« ment, iiud that. when tlio applications for paten ts aro made,
« tho patents to be granted in accordance herewith, and that
“ the said Edison shall sign tho required papers therefor. >
We are informed that a patent is about to issue m case
Ho. 111.
Wo suppose it to lie incumbent upon Mr. Prescott to sat-
isfy your Honor by proper proofs of tho identity ol this in¬
vention witli those described as above quoted. Tho ques¬
tion here would bo entirely different from that .made on tlio
recent hearing before you, to which Mr. Harrington was a
* *Wc are directed by Mr. Prescott to ask you to appoint a
time for a hearing, at which he will place in evidence bolero
YOU tho models, descriptions and other papers, by which it
will ho shown that tho agreement aforesaid applies to and
covers caso Ho. Ill and other cases, to wit, Hos. 11- am
113, as well as certain caveats, the numbers ol which will
bo forwarded to you in a day. or two, tho sumo as t covers
tiio cases which wore before you upon tlio hearing rotor-
Wo will also ut that timo, if you havo any doubt upon
D distinct assertion, tliat after the Commissioner romlcrcd
, decision, on tiro 20th of March, ho segregated tho cases,
iding 01 to 100 to the Secretary of tho Interior, mid re-
uided the .balance to him (Wilber), and that on tho 21th,
eouinionecd to examine and pass upom them. Now, by
rcienco to tho record, it will be seen that it was not until
meh 30th that tho Secretary of tho Interior ordered
scs 01 to 100 to be transmitted to him. This was ten
i yt after the Commissioner's dccisiou had boon rendered,
ven days after Wilber had commenced aution upon tho
sos remanded to him, andjire days after ho had passed
ion and allowed easo 111. The Commissioner, nt tho end
1 his decision, says: “I’/io applications are remanded to
the Principal Examiner, and when ready lor issue, tho
patents will be granted to Edison and I’rcscott,” etc.
hereforo, tbeso cases must have remained in Mr. Wilber’s
ossession until called for by tho Secretary’s order, ten
ays afterwards. This is confirmed by tho statement ol
io case in Secretary Chandler’s decision (Official Qazetle,
S, 403), who says, “ After a full hearing of the parties,
lie (tho Commissioner) decided in favor of the latter
(Edison and Prescott), and thereupon remanded the appli-
cations to the Principal Examiner for further proceedings,
ill accordance icitli the practice of his Office. On tho 2ilth
of tlio same month, Harrington presented a potition to
1 Hon. 0. Delano,” etc., etc.
Finally, wo hnvo tho positive stntoiuont of Ex-Commis-
loner Timelier himself (see appendix E, post) that the ap-
ilicutions were all remanded to Examiner Wilber ; that
vlion called for by him to send to the Secretary of tho Jn-
crior they were brought from Examiner Withers room, and
hat tboy were nt that time properly in Ins custody, ilns
s again continued by tho statement of Mr. Emory, who,
ipon inquiry, says that ‘'enscs from ill to 100 wore got out
‘ of Wilber’s room by him to tnko to tho Secretary.”
Thus it is clearly shown that Wilber’s statement about the
segregation of tho eases by tlio Commissioner, prior to tho
23d of March, is not true. The latter, as tho record shows,
received no orders from tho Secrotary until tho 30th.
. 3. Wo have above shown that Mr. Prescott, through lilt
counsol. Messrs. Porter, Lowroy, Soren and Stono, oflleinUj
notified tlio Commissioner ol Patents ns early ns Mnrcli
27th, that ho claimed an interest in applications Nos. 11],
112, 112, on the ground that they were embraced within the
scope of the decision of March 20th, nml that the Commit-
missioncr thereupon sent for Mr. Wilber, nml ordered him
not to let 'any of Edison’s enscs, other tlinn automatic,
go out until 31 r. Prescott lmd nit opportunity lo identic
them. It was subsequently arranged between the Com-
•missioncr and Mr. Quimby, who represented 3lr. Prescott,
that the models referred to in the Edison. Prescott agree
incut should bu identified by Gcogo 31. Phelps, .Tr., the
gentleman under whoso supervision they were const ructcfl,
Accordingly, on or about the llltli or April, 187ii, 3Ir
l’llelps visited Washington in company with Mr. QuiniUy,
inspected tlio models in the Patent Ofllce, and identified that
of case 111, among others, us having been made by him. The
following day ho executed an nllhlnvit embodying the itlcnt
ideations of the models of cases 11 1 and 1 12, which aflhhivii
ho delivered in person into tho hands of Mr. Wilber. (Foil
sworn evidence of this action see appendix B, p. IS Wilbert
Statement.) Thus, ovon if Mr. Wilber had not previously
known that case 111 was one of those claimed by Mr. Pres
cott, he could not have failed to bccoino nivnro of it whoi
this ntlidavit was placed in bis liuiuls.
lint there is evidence that lie must have known it. He had
already examined and passed ease 111. Thu model belong
ing to the application had a small brass plato attached to it,
bearing the inscription “ Prescott and Edison,” which
could hardly have escaped bis notice. Ho had, farther
more, already withdrawn this case from issuo, pursuant to
n positive order from tho Commissioner, for tho very pur¬
pose of this identification.
Mr. Wilber pretends that this aflldnvit of identification
never was filed with him. Sir. Phelps's ovidonce that it was
so filed is clear and omplmtic, and there unn bo no doabtol
its truth. Is it reasonable to supposo 3Ir. Phelps would
have taken tho trouble to go from Now York to Washing¬
ton for tho express purpose of identifying theso models,
and have executed such nn nilidavit, nml returned without
phioing it in tlio hands of souio official at tho Patent Oflicot
It is impossible that3Ir. Phelps should bo mistaken in this
matter. His testimony, is explicit, ovon to tlio very words
ho used when he delivered the paper to Mr. Wilbor.
But oven if it be true, as Mr. Wilber asserts, that lio
never sawtliat affidavit, it does not afford him one particle
of justification in permitting case 111 ’to issue. The Com¬
missioner had ordered him not to issuo it until Sir. Prescott
lmd lmd an opportunity to identify it. This order was never
revolted, countermanded, or superseded, and Mr. Wilber no¬
where oven nttompts to show that it was.
If, as ho claims, be never saw tlmt affidavit, how then
could ho nssumo to determine which eases lmd been iden¬
tified by 3Ir. Prescott ns cases in which ho was interested,
and which had not been so identified I
Mr; Wilber withheld this case until tlio vory day that
Commissioner. Thacker's term, of office expired (tho Ooiu-
.missionor who had ordered him not- to issue it), and then
allowed it to issuo. This coincidence, ho explains, arises
from tho fact thut tho final fee wns paid at that particular
time. But tho fact thut tho fee wns paid just at that
particular time, by order ol' Ellison, without tho kuowlcdgo
of Prescott, is ns much apart of tho coincidence as any¬
thing clso is.
• In tho notes appended to the statement and bnet ot Mr.
Wilber, which wo have liavo had printed foi tho convcni-
euce of tlio Committco.-wo have carefully sought to point
out tlio misstatements of facts, falso promises, sophistries,
•and the manifold other devices designed by him to
bofog tho case, and doceivo the Commission appointed to
investigate bis acts in tho matter of the wrongful issuo of
patents Eos. 102,033 and 108^180 to Edison anil Harrington,
for inventions which the Commissioner of Patents lmd pre¬
viously decided were legally anil of record in .the Patent
OiUco tlio property of George B. Prescott anil Thomas A.
Edison; and wo do not consider it necessary to ; restate
them all here. But wo do tbink it desirablo to place before
you in a conoiso form the more ilagnuit: instances of his
misstatements, together with a reference to. tlio .oil emi
records and other proofs which dearly demonstrate then
falsehood. ^ ' ! \ 1 : *
Oil p» go 4 of tlio printed copy of Mr. Wllboi h statement
•ho save: “The title to some of Edison’s inventions being
« tho ‘subject of dispute, I, was determined .that , all .inter.
'« csted should, if tiioy choso to, know what lie had. filed m
;« tho office. They were all open to tho inspection oj hoth.par
. -’-v-
“ lies, so time if tlioro wns anything tlioroin either might
“ clnim, they should Imre uotico tlmt such was in tlio office;
“ and talco wlmt action they chose.” Again, on page 45 of
his nrgumout: •< It should bo homo in mind, in this conncc-
“ tion, that all parlies had official notice of the existence of Me
“ cases A to IT nearly three months before the issuance of IT;
“ that thoso cases were open to their inspection, and that
“ no notion wns taken, no claim made to lend any ono in
“ this oflico to suppose that Mr. Prescott wns in any way
“ interested in any of them.”
Thoso statements are utterly untrue. No such notice
wns over given, nor wns oven tlio slightest intimation ovci
made to Mr. Prescott or his representatives Hint all or any
of Edison’s cases wore open to such inspection, nor has Mr
Wilber brought forward the slightest proof of any such so
tico having boon given. No “olllcinl” or other “ notice,’
was given to Mr. Prescott, or his representatives, of the
existence of ease H, “ nearly tlirco months,” nor three sco
omls before the issunuco of tlio patent for case II. licsidei
this the ntnonded application in case II wns only Died in tin
Patent Office one month hud four days before its issue, ai
tlio records show. ‘J
In ordinary cases it is difliciilt to prove n negative, ha
in this instance it fortunntcly happens that wo are able ti
do so. On tlio 14th of May, wliou Mr. Quiinby had oh
tained from Mr. Prescott a copy of tho file and contents o
patent No. 102,(133 [case Tl], and during an interview witl
tho Commissioner of Patents, on tlint day, asked him wh;
Mr. Prescott or his attorneys had not been permitted to sci
tho application in case H before tlio patent was issued, ‘hi
roplioil that Mr.: Prescott was not entitled to information
from tho oflico ns to nil apxilicntions of Edison.
In order to manufacture ovidoucc to prove that the Com
inissioucr’s decision of March 20th, 1375, did not inchld
any cases otlior thnn thoso numbered 04 to 100, Mr. Wil
her says (page 4). !
“ The decision mndo by tlm Commissioner was npponlci
“ front, ‘'Thereupon the Commissioner forwarded to the Hoi
“ Secretary cases 01 to 100; with his decision, and the othe
“papers relating thereto,- and returned to me all the other casei
“ including tlio 'series A to H; 111, 112, and 113; If, in hi
“judgment, any of these had also been embraced within hi
« decision, lie should and would have forwarded them to tho
a Secretary; but by this segregation lio determined what wns
“and .what wns not embraced within his decision. And I
« may add that cases 04 to. 100 have not been in my posses-
“sion since tho time I forwarded them to tho Commissioner a
a year ago this month [January, 1875], while, as boforo stated,
«tho remainder were returned to mo to take their places
“among my ponding eases.”
Here are two distinct statements, both of which nro
contradicted by the official records, and by the accompany¬
ing letter of Ex-Commissioner Timelier [seo Appendix E]
and tho statement of .1. M. Emery, Esq., clork m clinrgo
or appeals. The Commissioner's decision of Jlnroli 20th,
“1875 (O. G VII, 423) concludes ns follows. “The up-
"plications are remanded to the Principal “ Examiner,” etc.
Secretary Chandler, in his decision (O. G., IX, 403), says
j tlmt after tho decision was made tlio Commissioner * there-.
I " upon remanded the applications to the Principal Examiner
a for further proceedings in accordance with tho practice of Ins
“ office ” Mr. Wilber acknowledges that tho otlior cases
wore returned to him, ami that on tho 23d of March ho
commenced to examine them ; but tho appeal to the .Secre¬
tary ortho Interior was not umdo until tho 20th of March,
and it was not until tho 30th Mnroh-toi days after the de¬
cision— tlmt tho Commissioner wns ordered by tho Score-
tary to transmit to him cases 01 to 100. (See the corre¬
spondence, pp. 25,20, appendix to WilbePs statement )
Where wore cases 04 to 100 from the 23d to the 30th of
March 1 They were in Wilber’s hands, as tho letters of Ex-
Coininissiouer Timelier and statement of Sir. Emory dearly
P1 To°snpport the theory that ho did not know that case
111 was ono of thoso embraced in tho decision, Mr. Wilber
is obliged to deny point blank that 1m over saw Mr. Phelps s
affidavit identifying the models in tlio case. Ho says: I
“understood that Mr. Phelps wns to make m. affidadt,
“ that that wns Ids object in looking over tlio models. E«f
“ he filed no such affidavit with me. If ho had biought to
“ such a document, knowing him to bo unaccustomed to
“ the office routine, I should have first asked him, ns is ay
“habit in such cases, if belaid l.nd it stamped foriegnla
“ filing. But I cannot remember any such occurrences, an
‘ I am confident tlmt ho is mistaken in ills recollection1 of
I wlmt ho did with it." This is directly contradicted by
lie evidence of Mr. Phelps, givon by him ill person befon
ho Commission on tlio lltli of Juminry, 187(1, anil wliiol
s substantiated by his sworn statement (printed on pngi
18, appendix to Wilber's statement), tlio original uiTIdnvit
joing forwarded herewith.
Again, ns nn oxeuso for his hurried and hasty action ii
ssuing easo If without knowing, ns ho claims, wlmt i
.•enlly contained, ho makes tlio statement that tlio Comniii
doner “said ho laid received a teiogmm from Mr. Scrrol
‘complaining of mg delay in not sending forward a cos
I (enso II), which had boon properly nmonded somo week
II bofore.”
Again, on pago 81 of his argument ho again assorts tlio
this hurried examination was “ made after the interne'
11 with tlio Commissioner on tlio day of tlio passage or tli
11 enso, nn interview’ incident to complaints minlc of my noi
" action on the case.”
By reference to tlio statement of Commissioner Tlmchi
(page 1C, Wilber’s statement), it will bo scon that ho mnKi
lio reference to any “ complaint.” The telegram itself (pa{
23, fil'd) is simply nn inquiry, and not in any senso a cot
plaint. It simply says: “Please advise me condition '
“ caso IT, of T. A. Edison, filed April, ’73, anil amended by’
“ himself. Tf ready, please issno immediately,” etc.
To clear himself from tlio proof which Mr. Pope’s oi
deuce affords that ho well know the scope and value of tl
claim which Edison had inserted by amendinont into ca
H, Mr. Wilber is again obliged to resort to tlio direct contr
diction of tlio witness. Tlio original niemnmmlum widen.
Mr. Popo lnndo at tlio timo is submitted ill evidence,'
together with his' sworn affidavit detailing all the occur-1
ranees of tlio interview with great minuteness. It will be--
seen that Mr. Pope’s memorandum corresponds almost word-
for word with tlio claim us contained in tlio patent or case'-:
II, although liolind no knowledge whatever at that I iino't;
of any of tlio cases in controversy. Mr. AVilbor gives in¬
version of his statement as follows: “My statement was?-
"'•the combination, with a line, of ono receiving instrii-
moat, operated by changes of polarity, irrespective of-
“ ‘ tension, and ono receiving instrument operated by1!
changes of tension, irrespective of polarity, at am
the fine ;, and a koy changing the polarity and
changing tlio tension at the other end of the line: ’
This differs from Mr. Pope’s version by being mat
icciilc, with tlio evident intention of producing
ession that ho had in his mind tlio particular a
out described in case 09. Yet ho goes on to say
«t breath: “This statement, which is in substa
ono I did make, recto a comlanation differing ft
thing I knew of, and expresses tlio elements and n
meats necessary to accomplish tlio Hrst stop in i
plex, viz., send tlio two messnges siimiltnncousli
direction.”
Ho says ho knew of no such combination ; yet
tumbled- caso 99, anil had written an official lotti
ition. thereto on December 31, 1874, more tlm
loiitlis prior to tlio date referred to! .In. view of t
'helming proofir which liavo been brought forwan
ntiro falsehood of Mr. AVilber’s testimony in re
thor matters of fact, what importance can bo attr
is denials' of the statements contained in tlio affli
Ir. Popo and Mr. Pholpsl
On pnge'14. Mr. AVilbor makes the statement t
Icrrell was the solicitor in the cases whoso issue
ilninod of. This is not true us regards case IT, as tin
if the caso on tlio flics of the office will prove; i
my of record, other than Mann & Co., appearing in
lies.
It- is respectfully submitted that tlio evidence i
inve brought forward of tlio wrongful mid imjiropc
ir Mr. -AYilbor, in regard to tlio two oases whose
loinplaincd of, when taken in connection with
ihown.by tlio official records of tlio enses contain!
Hies of tlio office,. as well ns Mr. AVilboris own m
mid statements in relation thereto, fully sustain tli
preferred against him in' Mr. Prescott’s lotter to
niissioncrof Dccouibor 18th, 187f>, and conchisivcl
slratos his entire unfitness to occupy tho impoi
rcsponsiblo position of a Principal Examiner in tl
States Patent Office. Even if wo tnko tlio most i
view of Mr. AVilber’s professed inability to ilisoov
semblance bo'twoon tho subject-matter of caso H, i
only bo excused on the ground of
sequent conduct in deceiving tliu
to tiie contents of ense II, in nll<
notice, oitlicr to tho Commissioner
in ease !)9, wlicn lio well know, i
to Jfr. Tope proves, that it oonvo
tlio “point of value ” in ipini
especially in issuing case 111, i
obedience of tlio orders of the C<
the very day that tlio latter’s t<
dually the innumerable sophistric
oven actual misstatements of fact
abounds, somo of which wo hnvo
all tlicsc facts Icavo no question v
lias grossly abused the olllciul poi
ho 1ms douo this m pursuance o
for tlio uninistakalilo purpose of
parties who wero conspiring toge
cott of his rigiits in these invei
odicial liinlfcasnnce on tlio part of
lias been subjected to a vast nmo
convenience, ns well as great pe
all the facts, it is respectfully sub
for the rights of the public, and
Patent Ofllce itself, imperatively r
Wilber from tlio responsible olllei
holds.
acity, while his self
nissioncr in respect
it to issue without
teres ts tlioreiu, wider certain assignments of record i
o Patent Olllco, and that a certain George B. Presco
so claims to hnvo the said lottors patent issued to liiti
ilfnnd tho said Thomas A. Edison, by virtue of an a
guinea t from tho said Edison to tlio said Prescott, also
icord. That tho decision of tlio Commissioner of Patou
is bcon rendered directing tho issue to tlio said Presco
id Edison, which your petitioner respectfully insists wou
d contrary to equity and in violation of tho spirit of tl
iw in such cases uindo and provided. And your petition
irtlicr states that ho is prepared, should time bo ullowi
ini for tho purpose, so to present his claim as to provo
■hat ho respectfully insists would bo doing a great wroi
l tho promises ; and forasmuch as your orator is ndvis
lint under tho Act of Congress in this connection, t
loiiiinissioaor of Patents is, in tho cxerciso of his powi
s such, subject to the direction of tlio Secretary of tho J
crior, your orator prays that you will direct tho proccedin
icrotoforo laid before tho Commissioner of Patents m tl
egard to bo transmitted for your examination and rovisii
o the end that tho patent may bo directed to bo issued
rour petitioner and said Edison.
Jno. XI. B. IjATitonu, I Of Counsel ,
John K. Co wen, j Petitioner
' Appendix
Appeal of George Harrington to
To the Honorahlo the Secretary oft
The petition of George Hnrrii:
scuts that ho claims to have
dorstood to-be ready to bo issu
Thomas A. Edison, tlio inventor <
posed to bo patented, iu the prop
' Washington, D. 0., March 30(/i, 187f
Silt: I transmit, herewith, a copy of a petition that
been presented to me, iu relation to tlio issue of letters ]
cut lor alleged Improvements in telegraphs, ami, agrees
to tho prayer thereof, you are hereby directed to transmi
this Department tho proceedings ponding before you m
matter of tho applications of Thomas A. Edison, nssigi
&c., niimbors 9-1, 05, ill), 97, 98, 09 and 100, for letters ]
cut for alleged improvements iu telegraphs, for examine
and revision.
C(IH0 you slinll proceed to issuo tlio letters pntcnt, be
my examination and determination of tlio questions
ntod, you arc requested to cull my pcrsonnl attention
) fact and to tlio letters patent, to tlio end Hint I may
indrertcntly sign the same.
I nni, sir, very respectfully,
Your obedient servant,
0. Delano,
APPENDIX 0.
Secretary Delano’s Decision.
Washington, D. 0., April 14, 1875. J
s tlio practice of tlio department to sign without in-
all patents tlint aro sent up from the Patent Office
ho signature of tile Commissioner attached before
to presented'. As far as I know, it has bceu tlio prae-
the Office from time immemorial. I cannot say to the
horcol the memory of man runneth not to the con-
xc. Jty memory only dates back to tlio day of Sccro-
ivmg. The records or the department, ns has been
sorted by tlio counsel, show that applications to the
"J t° withhold his signature to these patents have;
iry rare, if 0no hns ever been made. Nevertheless, 'I
J clearly of tlio opinion tlint when my attention is.
to tlio facts of a case, mid my judgment is that a i
should not be issued, it would bo my duty to withhold
mturo from tlio patent. But I think good pmctico
s that my opinion should rest upon tlio case ns pro-'
to tlio Commissioner;' and, therefore, I should no£ ;
lien, l think, under any circumstances, to direct tlio :
, .ol 0tl‘01' evidence than that which was before '
a miss'oner. Certainly in this case, at this stage of
f *? wwwilling to give ini order for tlio taking of ’
8 continuance, as tlio counsel upon onesided
2, <«'!•, Now, as to whether W .hy'judg^
rshall notdeoni it niy duty upon tlio ease, ns
that have boon submitted to day— cither todi
or contiiiuo it, and allow additional tcstimoi
in it I reeognizo tlio fnct that to tlio Count
trusted, in tho first distance, tlio duty of o
deciding upon all questions that arise bofo
office, and are presented to him ; but 1 am ui
my mind to tho conclusion that it would bo m,
ir patent, because in his best judgment lie lint
ho issued, if I, on tho evidence in tlio case m
mo, should bo of tho opinion tlint his com
dearly and distinctly erroneous. I do not
ibout what I should do in a doubtful case. 1
:o express any opinion at present in any otlie
[ havo used, namely, and if tho facts in the
looted by tlio document by tlio Commissioner
aitisfy mo that it was wrong to sign tho patei
loultl not conscientiously attach mynanio to it
osorvo tho expression of any opinion in ref
loiivictions ns to whether this patent should i
io issued. I am inclined to think, that in no
mdertako re direct tho Oommissioiior ns to 1
codings, nftor I hail determined to withhold
rom a patent presented.
Appendix D.
Letter from Qeo. B. Prescott io J. jlf. Thaclier
sioncr of Patents.
New York, Mar
Ton. J. M. Thaclier.
Sir : In your decision of Mnroli 20, 1875, on
f title in tlio raattor of tho applications of
, xu.iuuvumunra m uupiox Telegraphs, you C(
imo by stating that u tlio applications arc remanded
iio Principal Examiner, and when ready for issue, t
ntents will bo granted to Edison mid Prescott, nssignt
f Edison.” Will you please inform mo whether all l
III dications in tlicso enses wore, in foot, remanded to J>
minor AVilbor, in nccordmico with your decision, and
lioso custody they wore whon culled for by tlio Secfctn
r tlio Interior, on March '30, lSTflt
■tter from J- M- Timelier, Ex-Cuinmmioncr of Vatents,
George 11. Vreseott.
Nkw Yohk, March 24th, 1870.
:o. B. Brescoll, Esq.
S™ih' r“!llj'to y°"r »0ta of this date, I would sta
‘ *1,e f?>j>cat,ons Covered bg mg decision of March 2
, ™ W,IW,‘ y°n refer, mere all remanded to Examiner IP
rJT'J fll* : reguIar comse> «>° opplications we
. uj mo from tlio Commissioner's room to the Clci
vmg charge of all appeals to tlm Commissioner, then, i
», iui. Winery, who, I suppose, took thorn to Mr. Wilhei
Whon those applications woro called for by mo in ord<
•porly in the custody of the Examiner, Mr. AVilbor.
. Ecspootfully yours,
J. M. XiiAonur
BEFORE A COMMISSION
COMMISSIONER OF PATENTS,
Charges preferred by GEORGE B. PRESCOTT against
' Z. F. WILBER, a principal Examiner in the United
Stales Patent Office.. '
STATEMENT' AND • BRIEF^OF :Z. f. .WILBER,
NOTES
EXPLANi
ACCOMPANIED:
GEORGE B. PRESCOTT, XND DOCUMENTARY
support,
and Kb. 01 in roforonco to F. Part of 112 was also rejected on
rofovonco to Edison’s prior patent Eo. ICO, 810. ITnd l tlion
thought that II and 00 were tlio same, I should have pursued
tho same course in relation to 00.- 1
Some timo in January, 1875, an ordor came to mo to send up
to tho Commissioner cases 01 to 100. I was afterwards sont
for by him, and instructed to read tho Harrington and Edison
assignment or agreement, and roport in writing tho meaning or
scopo of tho torm, “ fast systems,” or “ fast telegraphy,” and
whothor inventions of this class were included thereunder. I
made tho report. Although its merits or demerits lmvo nothing
whatever to do with tho matter in issue, it has boon lugged in
with some would-be sarcasm, “as illustrating tho temper of
“ mind in which ho approached tho subject.” So, in soil' defense,
it may bo well to stato tho conclusion arrived at in tho roport,
and tho “why thereof,” “ns illustrating tho actual’ temper,”
otc. Tho Journal of tho Telegraph liml The Telegrapher aro the
tico leading electrical journals in this country. The first ‘is -re¬
cognized ns tho official organ of tho W. U. Tel. Co., and public
opinion gives tho control of its editorial columns to Mr. Pres¬
cott, assisted by Mr. Grace. Tho second was generally 're¬
garded as rather anti-W. U. ; was and still is published by Mr.
Ashley, a business associate of Mr. Pope, and, until some time
in 1874 (I think) Mr. Popo’s name appeared at tho bend of- its
columns ns associate editor.'
In tlieso papers I had noticed during tho fall mid suminci
several editorials on tho subject of fast telegraphy which were
fresh in iny mind. Under the generic caption of “ Fast Sys-
“toms,” or “Fast Telegraphy,” tho species “Duplex” and
“ Quadruples” were spokon of. I remomber ono, whore the
quadruples alone hnd been discussed, entitled “-More Startling
“ Inventions for Rapid Telegraphing.” Another (in tho Journal),
with tho generic title, “ Fast Systems of Telegraphy,” discussed!
ns species thereof, tho automatic, multiplex, duplex ninl mind'
last number of tho Journal of. tho Telegraph ventilates
ideas of , Messrs. Prescott and Edison on the subject oj
ni- rnlninaubv at considerable length. *
initio : whether the assignment' from
ilntcil April 4t1i, 1871, covers thoso inventions
it is not ncccs8nry to deternuno whether 1
returned to my room, wont ovor tlio enso (some-
nml sent it forward tlmt same afternoon,
dates of tlio amendment and allowance of this
ed Now York on business, and while there mcl
o had quite a conversation, tlio occasion for ami
as an application mado by him and his asso
■issno of Klcctrie liuilrond Signnl originally pat
Tlio main portion of tlio talk was an argument
o show mo that I was wrong in iv certain posi-
1 takon in treating that case. Tlio argument he
on, was- sulllcient and convincing, that if lie
tlio enso I would “back.” ITo said ho would
of it for Mr. Livingston, his attorney, to flx
My impression is that lie did take somo paper
tstoifs desk (Mr. Livingston was absent ut the
iterviow was at his olllce), and made a minute
o courso of our talk lie mentioned that lie hnd
jy the Western Union to examine, ns an expert,
inventions. Wo hnd somo talk thereon, not as
stwecii Prescott and Harrington, but ns to the
i dill'crcnt inventors, whoso names wero there
between whom an interference seemed possible
-• . Ho asked mo wlioro I thought tlioy touched,
linn. I hnd considered tlio subject somowlint
md compared tlio systems of these inventors,
vital and first thing to bo done in a qnudruplex
rniigomont by which two manages could bo sent
i one direction ,s* that this being done, tlio rccciv-
could bo easily duplexed by eitiier the diffeicn-
steins, the result would then be a qnudruplex.
iruplexes wero old, or rather that arrangements
messages simultaneously in one direction were,
stick laid been suggested having one receiver
’ c ““front and iinotlier to u stronger' cur¬
s’ thereof being immaterial : that others (or at
icon suggested in which wore used rovorsnls of
rcaso or deereaso of tension to effect the object,
latter three receiving instruments wero used,
;i*5'“i" polarity (ouo + and one -), the
d lull of tension (key 1 sending a + current
i, and key 2, sending a — current to iniiuonco
i tho keys woro used separately ; when used
ml novel' been officially cancelled. I signed
o of a habit I liavo in such eases, simply to si
tho original allowaneo it hail boon again in
lis was the last day of September, and tho send
gain at that particular tiino was simply because
n been seat. Said fee was received on tho -
nit day it had been called for, it would have g
to days beforo “ tho lato Ooinmissioiior’s tern
d,” instead of on tho very day. It had noth
tho fact that oil that day “ tho Into Conn
i of ollleo expired." .That was a “ chops anil tom
unstance that occurred. I nm safe in saying
ly statement of tho events connected with til
inns my own testimony thereon.
a, I desire to call your attention to tho record!
l’o tho fact that Mr. Serrcll was tlio solicitor l
over which the dispute as to title was, anil in
issue is complained of.3’
iter of Mr. Timelier, a copy of which is liorou
i to tho orders he gavo mo, and his roincmbra
fit nnd its filing or rather non-filing.
PATENT JiAW A SPECIALTY.
(Office of Coburn if; Thachcr.)
1100 ^ N. E. cor. Clark * namlolph St.,
CnioAGO, III., Jan. 15th, 18
Major 55. F. Wilber, ■
Patent Office, Washington, 1). 0.
^I have been so very busy ns well ns absent talcing tcstii
a part of this week that your loiters liavo remained i
severed. In answer to your inquiries, I will state tlia
recollection is that I received in the ordinary way some
liuiiiicatiou from Mr. Sorrell in relation to Edison s applic
but l do not rcmoinbcr whether it was a telegram or a i
I think that I sent for you immediately in relation to the
and told you that prior instructions ns to holding applici
of Edison related only to such ns were clearly within tho
sion I had rccontly made upon tho question ot title.
In reply you stated that tho application referred to b
Serroll could not possibly bo brought under tlio opointi
that decision, ns it wns for different subject matters, am
filed a long tiino before the applications designated in
decision, and, ns 1 recollect, beforo tho date of Edison s a
mont to Prescott ; although I am not positive as to
limiting this last statement. .
In regard to tlio other question about the Phelps pate
identifying certain models, my recollection is, that Mr. Qu
upon his representation that Mr. Phelps made the mod
Edison, obtained permission from mo to inspect said n
with Mr. Phelps, and afterwards showed mo an affidiiut
by tho lattor, identifying cortnin models, as those nlluii
as being in his hands, in tho assignment ot Edison to I n
I cannot say positively whether I saw tins aflldai
whether Mr. Qnimby merely told mo Phelps had niado i
that he proposed to lilo it; neither do I remember that
left with mo; if it wns, I sent it out to tho chief, ns us
such cases, to bo sent to tho proper room, winch, in tins
* I hnvo an impression, liowovor, that Mr. Quimby told
day or two afterward, or at least within a very short thru
ho did not file tho affidavit in question, ns ho found that
[Appendix A.]
•iter from Messrs. Porter, Lowery, So
Commissioner of Patent
New Your
on. .T. M. Tiuoiier,
Commissioner of Patents,
Washington, I). 0.
Sir: Wo liavo tlio honor to notify yon
. Prescott, that case No. 1U, by Thonui
10 inventions specially referred to and
icnt between' said Edison and Proscoti
574, and therein referred to and le I
whereas the said Edison lias also inv
monts in duiilox telegraphs, tlio descri
been lodged witli George M. Phelps for
being constructed, it is hereby ngreed
' are included in this present agnomen
'applications for patents are made tlio
1 in aceordaneo herewith, and that the i
1 the required papers therefor.” Wo are
b about to issuo in caso No. 111.
We suppose it to be inenmbent upon 1
,-our Honor by proper proofs of tlio ido:
.vitli tlioso described ns above quoted. '1
jo entirely different from that liiiulo on
lore you, to which Mr. Harrington was r
Wo nro directed by Mr. Prescott to nsl
for a hearing, at which ho will place in (
models, descriptions and other papers, b;
that the ngreomeut aforesaid applies to i
and other cases, to wit, No. 112 and 113,
eats, tlio numbers of. which will bo forv
or two, the same as it covers the cases
upon tlio hearing referred to.
Wo will also at that time, if you bn
subject, present our viows upon tlio qu<
and obligation to reccivo such proofs,
issuing tlio propor patents.
Wo respectfully request that you wi
your decision to issuo tliom jointly to Thomas A. Eiliso:
George li. Prescott ns assignees of Thomas A. Edison.
Mr, E. E. Quimliy, if in Washington, will call upon y
belinlf of Mr. Prescott to arrange for the hearing.
Yours, very respectfully,
PORTER, IiOtVREY, SOREN & ST<
Affidavit of G. M. Phelts, Jr.
County anil Stale of New York, ss.
Geobqe M. Phelps, Jr., being duly sworn, says: Tin
ing tho summer and autumn of 1871, certain models of i
and quadruples telegraph apparatus were constructi
Messrs. Edison & Prescott, under the immediate cogn
and supervision of tho deponent, as assistant to liis
G. M. Phelps ; that about April 10th, 1875, tho do;
visited tho Patent Oflico in Washington, in company wi
B. E. Quiinby, and was there authorized by the Cominii
of Patents, with tho knowledge of Exnmincr Wilber, to
ino a largo number of models on illo in tho oflico, for tl
poso of identifying tlioso made, as above, for Messrs. Edi
Prescott; that lie identified two models, marked Case's 1
112 respectively, as two of the models made under his si
sion for Messrs. Edison & Prescott, and that on tho day
ing tho examination of tho models, ho executed an al
embodying tlio identification of tho models of Cases l:
112, which affidavit ho delivered in person into tho 1m
Exaininor Wilber.
Geobqe M. PnELrs
[Appendix C.]
Sioorn Statement of Frank L. Pope.
HEW Yobic, Feb. 23, 1870.
o Edward H. Knight, Esq.,
Chairman of Committee.
Sir : X respectfully bog lcavo to submit tlio following detailed
itcmcnt respecting certain conversations between Mr. Wilber
d myself, in rofcrcnco to quadruples telegraphic inventions,
liich I have pnt in tho form of an affidavit and duly sworn to:
ate of New York, City and County of New York, ss.
Frank L. Porn, being duly sworn, deposes and says as follows :
The first conversation upon this subject took place on 1 10
tcruoon of the 7th of April, 1875, at tho office of my attorney,
:r. Livingston, So. 7 Warren, sheet, Now York. Wo went
lore at my suggestion, for tho purpose of consulting with Mi.
ivingston, in regard to a certain claim embraced m an appll-
ition of mine then before tho Office for tho re-issuo of a patent
i electric railroad signals, which claim, Mr. Wilbei, as Ex-
minor, had objected to on the ground that tho combination
"aimed was a double or analogous, use of a known arrange^
.out, while I contended that this was not the ^Winlo
railing for Mr. Livingston in liis outer room (ho being i t t o
lomont eitlior engaged in his private room oi empo
bsent, I do not now recollect which), X discussed with Mr.
Vilbortho matter of tho patentability of tlio d'spn ited . o In i.
ify own impression is strong, although of this I ca mo sp^k
vithabsoluto certainty, that tho conversation was led to turn
wtli absoluto certainty, wmc wlw v ol
■poll tho subject of qundruplox inventions, in C°"S®T,0I‘C0 ol
dr. Wilber making use of an illustration in «PP«* «
u'gumout, in substnneo as follows: Supposo a p f
‘bo asked for a quadruples apparatus, consisting merely pf
‘Stark’s old inotliod of simultaneous doublo
“tho same direction, combined with' Stoarus’s duplex; that
“would bo a enso of doublo or analogous use, and not a
It imtanlnlilA cninhinatioii ” That Mr. Wilber usod this argu¬
ment to mo on one occasion, I am certain. It is>.ll0^>
possible that it might iiavo boon at an tQ
ington, subsequent to tho ono iu Now York no. . \
In the course of a general conversation upon the vofeupte
matter which ensued, Mr. Wilber, in aMWOiito a question o^
“ cover tho point of value in quadruples tclogrnphy » (I believe
tlmt was tlio precise expression lie used), was ns.follows: -.a
“Tho combination of a receiving instrument operated by
“positivo and negative currents, irrespective of changes of
“ tension ; a receiving instrument operated by [changes of]
“ tension, irrespective of polarity ; means of reversing tho pm
“ larity, and means of increasing [and decreasing] the tension.’)
At my request ho again repeated this formula. 1 do not
now recollect whether or not I told him that I wished to mako
a memorandum of it, but I know that I did inuko such a memo¬
randum at tho moment, using for that purposo tlio back of a
folded pieco of paper taken at random from my pocket, and
which happened to bo a sheet on which Dr. Nicholson lmd
drawn for mo a diagram ol Ins quadruples, at my own ollico,
No. 3S Aresey street, only a few hours before. I do not recollect
that I lead this memorandum to Mr. AVilber, or that 1 called
his attention either to tlio memorandum itsolf or to tlio fact
of my having mado it ; and although I am very ccrtnin that it
was mado in his presence, it is quite possible that lie may not
have noticed what I was doing. I am, however, positivo that
I have given abovo almost tho exact words of Mr. AVilber
descriptive of tho point of value in tlio quudruplcx inventions,
and that no mention was mado of tho receiving instruments '
being at one end of the lin
recollection is distinct that
part of tho combination, as
noting it down, thinking tl
mention it.
One of my principal rens
remember this combination,
and tho keys at tho other. My
he line was not mentioned as a
1 hesitated lor a moment when
it perhaps it would be well to
One of my principal reasons for taking so much pains to
remember this combination, was that I .wished to see if it writ
embraced in any wny in Nicholson’s invention, tho originality
ot which he had employed mo to investigate, and of which lio
had that very morning given mo a drawing.
Mr. AVilber must bo in error in stating that I said to him on
that occasion that I “hail been employed by tlio AVostcrn
“Union to oxnmiuo as an export tho qundruplex invention:”
because, as a matter of fact, I laid up to that timo been employed
by them exclusively on other matters having no relation lo
patents or now inventions of any kind.' At tho date of this inter-
view I had not the slightest knowledge of tho contents or any
of Edison s applications, or of tlio naturo of any of his duplex
or quadruplet iuvoutlous. I bad, however, on tho previous
battery -in plncoot a rucostno m ones >•> »— . - . --
as a qundruplex, such a modified arrangement would consti-
a to a dillcroiit combination or different invention. I tlion
iskeil him if tho claims in patent 102,033 would not bo a bar to
ho issuo of a patont- in case 01), to which lie replied that lio
bought it ought not to be. X also called his attention to tlio
expression, “in tho same direction,” which occurs in tho l'1 fi¬
nable of patent 102,033, in reference to which lio said that it
was by an overeiglit on his part that tho patent lmd been
illowod to issno with this expression in it, and that it should
iithur have been struck out, or tlio method of using tho appa¬
ratus for doublo transmission in tho saino direction sot out am.
described in tho specification. Do furthermore expressed lie
opinion that tho expression referred to, being unsupported
by anything in tho specification, could not alter tho scope of tho
claims. No reference was mado by .either of us to tho previous
conversation iu Now York. My impression is that it was at
this interview of May 17tli tlmt X mentioned for tlio first time
to Mr. Wilber tlmt I wns employed by tlio Western Union Com.
puny on tlio qnndrnplox mutter, giving him tlmt ns my reason
for calling upon him to discuss tlio propriety of tlio Issue of caso
IT with the amended claims. I made a minuto of tlio conversa¬
tion reported abovo within an hour or two after its occurrence,
while it wns fresh hi my memory, mid bcliovo it to bo substan¬
tially correct. Frank L. Pope.
Subscribed and sworn to boforo mo, 1
this 23d day of February, 1870, J
William Arkoux,
Notary Public,
City and County of New Yorl;.
[Appendix D.]
Corresjiondence between Geo. B. Prescott, Lemuel W. Seu- .
reel anti Munn & Co.
New York, February Uh, 1870.
L. W. Serrell, Esq.
Pear Sir: Please lmvo tlio kindness to inform mo if you
acted as the attorney for Edison or Harrington in tlio applica¬
tion known ns ease 1J, for which Letters Patent', No. 102,033
wore issued April 27th, 1875, and in which Messrs. Munn &
Co. were originally employed as attorneys.
Yours respectfully,
Georoe B. Presoott.
LEMUEL W. SERRELL’S
AMERICAN AND FOREIGN PATENTS.
110 axd 131 Nassau Stheet,
(l*. o. liox loan.)
New York, Feb. Uh, 1870.
Geo. B. Prescott, Esq.
Dear Sir : In reply to your favor of this dato I bog to say
that I did not act as attorney for either Edison or Unrrington
in connection with caso “ H.” No action was tnkeu by mo
in that enso at all, except in sending on the balance of fee
after the application had been allowed.
Yours truly,
Lemuel'W. Serrell,
Per Walker.
New York, February 8th, 1870. ’
Lemuel W. Serrell, Esq.
Dear Sir: I am in receipt of your favor of tlio 7th hist., in
which you state that you did not act ns attorney for either
Edison or Harrington in connection with caso “ H,” and that
no action was tnkon by you in that caso at all, except in send¬
ing ou tlio bnlanco of fee after the application had been allowed.
Tlio reason why I imulo the inquiry, to which you luado the
abovo roply, was bccauso Mr. Wilber states that on tlio 21th of
April, 1S75, tho Commissioner told him that 11 lie had received
a telegram from Mr. Sorrell complaining of my (Wilber’s) delay
in not sending forward caso H, which had been proporly
amended some weeks boforo.”
Will you kindly inform mo whether you sout to tho Commis¬
sioner, or any otlior official at tho Patent Office, a tolcgram or
letter, or any other communication on tho dato mentioned, or
previously, complaining of Mr. Wilber’s delay in not sending
forward caso H, or alluding in any manner to case H ?
Yours truly,
Geo. B. Prescott.
LEMUEL W. SERRELL’S
OlHcca lor Procuring
AMERICAN AND FOREIGN PATENTS.
139 ash 121 Nassau Stsect,
(P. O. Box 4089.) Kew yomC) Feb. 8th, 1870.
Geo. B. Prescott, Esq.
Dear Sir: In reply to your favor of this date, I state tlmt
under dato of April 2-1, 1875, tlio following telegram was sent
from my offleo at request of Edison.
“ Please advise mo condition of case H o T. A. Edi*>. , hod
“April sovcnty-tlircc, and amended by lnmsoli. It trendy,
“please issue immediately and charge my account foi final
“fee,” to which tho reply came, “ Edison’s case i m next issue.
“ Chandler has paid final fee. Grhinoll, Chief Olork..
I presume this will give tho exact information desired, ns
comprises iny action and knowledge.
Yours truly,
Lemuel W. Serrell.
New York, February Will, 1870
Lemuel W. Serrell, Esq.
Dear Sir : Will you please inform mo to whom tho tclegn
of April i, 1875, containing tho following words — “Plensoi
“ v*so nio condition of Cuso II. ol T. A. Edison, filed Ap
“’seventy three, and amended by himself. If rondy, plci
“issue immediately and charge my account for final i'co” — v
addressed. Also by whom it was signed.
Yours truly,
George B. Prescott
Lemuel w. surrell’s
Onicos tor Procuring
AMERICAN AND FOREIGN PATENTS.
119 and 120 Nassau Strekt,
(P. 0. Box 4089.)
New Yoitic, February lath, 1S70
Geo. B. Prescott, Esq.
Dear Sir : Tho telegram concerning which yoiu- letter of'tl
date inquires, was directed to Commissioner of Patents nml
went over my name.
Tho copy of this telegram in my olllco is' on a Franklin (
blank. I cannot tell from memory whether or not it was sign
by mo; but, as I was not in town that date, my impression
that 1 learned of wlmt had been done when I came to town t
following Monday.
Yours truly,
Lemuel W. Sebhell.
New Yoiuc, February 8th, 187(1.
Messrs. Munn & Co.
Ocntlemn: Will you kindly inform mo whether patont 1
102, M3, dated April 27th, 1870, was issued through your fir
31- whether yonr power of attorney had been revolted by 1
Edison previously; and If so, at what timo 1
’ Yours tally,
Geohoe B. Prescott.
Office of tee “ Scientific American.” )
.Patent Office Department, [
■ No. 37 Park Bow, )
New York, February nth, 1870.
Mr. George B. Prescott.
Dear Sir: In answer to your enquiry of the Stli inst., wo
would state that our power of attorney in tho matter of the ap¬
plication upon which patent No. 102,033, dated April 27, 1875,
was issued was never revoked; but. the specification in said
patent was a substitute specification, lllud by Mr. Edison over
his own signature, March IS, 1875, without our agency or
knowledge.
Respectfully yours,
Munn & Co.
Appendix E.
Appeal of Qeorge Harrington to tho Hon.- Secretary of tho Interior.
Washington, D. O., March 20th, 1875.
To tho Honorable, the Secretary of the Interior :
;. The petition of George Harrington respectfully represents
that ho claims to have certain patents now understood to bo
ready to bo issued, issued to himself and Thomas A. Edison,
tho inventor of the improvement proposed to bo patented, in
the proportion of tlicir respective interests therein, under cer¬
tain assignments of record in tho Patent Oilice, and that a cer¬
tain Gcorgo B. Prescott also claims to have tho said letters
pntent issued to himself and the said Thomas A. Edison, by
virtuo of an assignment from the said Edison to the said Pres¬
cott, nlso-of record. That the decision of.tlio Commissioner ot
Patents has been rendered directing tho issue to the said Pres¬
cott arid Edison, which your petitioner respectfully insists would
ho coutrnry to equity and in violation of the spirit of the law
in such cases made and provided. And your petitioner lurihcr
states that he is prepared, should timo be allowed him for the
purpose, so to present his claim as to prevent wlmt lie respect¬
fully insists would bo doing a great wrong in tho promises; nml
forasmuch ns your orator is advised that under tho Act of Con-
gress in this connection, tho Commissioner of Patents is, in tho
oxorciso of .bis notvor. ns such, subiect to the direction ol' the
idcring now the various statements
, (t) made ns proof of tlio identity,
mcs clash. Tfor instance, Prescott e
s of changing tlio tension shown
ibed in tlio specillcntions of the pat<
>n of a currant is dependent upon
nee of tlio liuttcry, and can only lio
r diminishing the number of cells n
.•e, as his “only” means of changing
nd not in IT, ho argues that tlio cln
Dnstnied by the speciflcntion of 9!)
i samor 'l'liia lino of argiiuioiit Mr.
ivovor, denying in oflect that tliere i
dishing tliis result, saying, “ tli
gth of tlio current may bo prodnei
creasing and decreasing tlio strengt
tt realized tlio t
, So, to give tin
{?oos on to' say,
bilitv of sending
Iii case H, u substantially as ami for tno
». i a.' arranged to solid two in opposite direct i
s no proof • whatever - 'of this alleged conncctioi
; in fact, every reason, ns shown, to believe tie
licit connection. If they were the same, how c
s avoid the danger of raising a suspicion of th
»e successor of II, and was intended to cnilmi
nils the 41 fundamental principle,” liow carer
ship was concealed, and how skilfully the clan
> that “ fundamental principle” ub applied to s
in one dircction.(tt) It will bo noticed that no
ted in IK) which could be rejected on cnso H.
loth series of applications, and could lind no
ing any claims in 90 on case II, though I did ti
jeet several of the series 91 to 100 on somo of tl
' Attention is specially called to this distinct
e two cases, that their claims arc entirely disti
iiiv inventor having the two applications pcndi
of tllOIII. . ;
ovimi admitting tlio statements nmilu ljy
>f “ fundnmcntql principle,” tliat.tlio allow-
itillable, bntwns tlio tiling indicated to lio
■instances, by tlio law ami facts, anil Unit
i caso.ll, it will bo seen that nmlcr no cir-
idor tlio speeilio grounds of the charges,
more general grounds, arc my actions oil
charges iii relation ,lo caso 111 ,. it is neees-,
i sliould bo proved— , ,
wrs tiled in, this oflieo, showing that lit
Mentions in. which an intorcsl was trails-
irovcn, no action of niino was wrong,
ipccillcally, identified in the Kilison and
it could only, be , brought, under tlio oporri-
tyovidonco that' it .was' pile of the cases
f which , tlio papers were in' the liniiilsof
niiiifnctiiro of models.
ilies that ho examined tlio models in tliis
models of 111 and 112 as tlio models of
ml that lie made an aflldhvit to that fact,
i paper of no common importance. It was
i certain rights alleged to belong to Mr.
go the otllee with a knowledge thereof to
To .legally do. this, its regular tiling in and
eo were necessary ; it must in these cases,
o-olllco. records, just as testimony ninny
lines part of tlio record. Yet with all, this
; to the paper itself, and equally, pith,' its
tnteinent tlmt ho, handed it toiuo.is all the
tiling., If it had been handed, to mo I
; iii ouo of tlio, (lies, concerned, nnd put iu
i-roferoneo thereto. It is not in either of
uUiisHoii iii regular connio, 'about llio 20th of May,
of Mil Wltbor’a oitmlnibto inipurtbility tor tlio ‘Brat
to .lt In any doenniotit rolalliig to' tlila conlrovorey
i tlio Commlsalonar, upon tlio meaning of “ rnnt lclo-
" of'niiy klmll still loss an "ofllclnl 'notice.” In point
Dither, by Mr. Prescott or tils' ooiin'sol until It mndo iii
i of tho eoimsol for Kdison anil Harrington, after tho
i Mr. Qnimby says that within a fow days the;
after lie received it from tlio Commissioner. 'To hnrmoni
Phelps and Qnimby then, .there shouh il h '« uvitl lence t that > .
Pnin mission or received it "from me. to there any butn o
dunce 1 No, on tlio other hand, the Commissioner testifies th
he does not remember to have ever had the paper at a 1
oitteo rnlcs forbid tlio return of papers tiled. [s it h U )
then would have returned so important a paper to tlio paitii
csneciallv preserving no record ot it in the oilleoi ^ hat dr
1,0 himself say on this point? That if it hml been handed h>
lie would lmvo sent it to tlio Oliief Clerk ns usual,” to ho sc
to the in oner 1*00111. So, if it had been in tlio possession o t
officer from * whoni Mr! Q.iimby reived it it would In,
reached me, and bo now in the Hie ol eithoi 111 oi .
Hut where is it! Mr. Qnimby says tin gave it, .witho
mners to Messrs. rortcr, Lowrcy, Sorcn & Stone, in u no.se p
Son’” it still roniniiis. Thus is shown the oxtrcnio impr
ability of that allidavit having ever been tiled in this ,n
Tlint improbability is rendered greater by o cr facts. - U o
i>iIPl, n i-ho testillcil here, and who nuido tho nllhlnv it, is
the M r. Phelps tilluded to in the Kdison & Prescott nssigiimt
hut the son thereof. Then the affidavit lie made s onlj sec ^
ary evidence, mid* legally not good, the nbsentes
deuce of (he Phelps • referred to in the nssif
niiiiccuniitcd foi*. Mr. Timelier says, 1 lui 1
“however, that Mr. Qnimby told » dnj nr_t o It
“ atlcnstwithin iv very short tunc, Hint ho dul not flic >“
“ dnivlt in question,' ns lie found it was not tho JJ1- J 1 “IJ.j ■
“was with him who mndo tho models, n ^
“ either rntlior or son, l do not remember which-
these circumstances together, and they o emlj hIiow t
young Mr. Phelps is mistaken, that Hie aniilniit mi s t i
tiled in this oflice, and tlioy show why it w ns not llh' h
and why it is in possession of a law Arm ml he» York Utj
did, however, receive information from some out , j ‘ '
either Mr. Plielps or Mr. Qiiimby, that 112 and 118 had bce1
would bo properly identified. I theicupoiisuapemjed ^
cases; and have retained them, : This was not done lognH
iii' itiirsmiiicb'of liny "ini thorlty any where jn Mio-ofljcei “>i tl
in lint tn Hits ilav so far nsl cau nseertmn,' any papeis oi
dimed Med in tins office which, would warrant the ollleo hj i
nig those eases to Kdison nml Pie cott jointly Koi
which any eoiu t would regard for a iiiouiei t f tho oases
brought before such court, the only reason lor t o non issm
being tlio question of title, lho siispens on hns
cfleetivo only through tho concurrence the rein. ol I o at m
prosecuting the ernes. It shows, however, that I v ins dispc
so far as I could, to proservo any equitable lights of Mi. i
colt’s when informed of them. . .. . ,0 '
The intrinsic evidence of the three cases, 11 , 1U
' in support of my actions and liupressious is veij 8 fc*
It will bo noticed tlmt I have considered these charges (in
both cases) ns though it woro pari tof iny bus '!?»“ |o oxnmhio
into questions of title, to see that thcra wero no eimflictiiig
Horn torT. A. Edison. Tlieso woro tlio Edison applications Nos. 04, 00, 00, 01,
.00,00 mid 100. 1 got from lilra tlio impression that tholo would lio othors lo
compote s sorlcs, Including both differential nnd bridge 'lundrnploxos.
On January SCtli, 1815, Mr. Sorroll lllod case No. Ulj nnothor one of tho
. “sorics " which Mr. Wilbor liiul got "tho Impression » would ho completed by
tho addition ot other applications for similar inventions, “ including both dit-
"forontlnl nnd hri-lgo ipiadruploscs." Acting subsequently upon Hint Im.
"proBslon," Mr. Wilbor very properly sent cuso No. Ill to tho commissioner
with the rest ot tlio Horios to which It belonged. ' . , .
On January 29, 1870,' Mr. Wilbor, in' bin report to tho Commissioner. says:
•| Tho assignment to Mr. Prescott, which bus been endorsed upon tlio tiles of cer¬
tain or these ennos (nil excepting No. 112)' won raudo August 10, 1811. ' In enu-
morallng these cnscs, nt the head ot his report,’ Wilber omits to mention cnscs J l
nud 111, although lie woll know Hint tlio nsslgnincnt to Prescott covered them ns
well ns tlio others' i - . . . .
Messrs. Porter, I-owroy, Soron ,t Stone, counsel tor Mr. Prescott, in a
tho Commissioner dated March 20th, 1816 (cute Appendix A), expressly not, lied
him that enso 111, among others, wns for an application in which Mr. 1 Iroscott
claimed ea Interest, under tho
in support of his ctalm' might bo brought forward, nnd roptesihig that tho said
interests; in fact, tlmt tins question of title wero one coining
within my jurisdiction. I have been- perfectly willing toilo
this, tlio actions in tiio eases being so correct. The fact, how-
torost was convoyed to mo liy llm assignment ot Thomas A. Edison, ilntml Aog.
10th, 1874, and recorded Aug. 20th, 1874, Libor It. 18, ]i. 02, Transfers ot Patents;
together with a digest ot tho subject-matter contained in certain applications for
In which, by virtue of tho terms of said assignment, I linro also on interest.
S it still, nml mny (lo wlint . bo. pleases with it, .oven though
name is not printed thoroon.(33)
i conclusion, 1 tlosiro tosolmimly stnto that, in my nctions
Imsc mutters, mid in other complicated matters with which
ivo had to deal, I liuvo endeavored to not fairly mid without
ion al bins or favor; that it 1ms been to mo personally a
ter of indilVereiico which. should como out abend in tho
tie Fight.'' In none of injunctions on the cases involved
not involved in that contest have 1 paid the slightest
ml to tho question of wlmt. interests would he bonelitcd or
red. I have endeavored, to •iimiiitnin friendly relations
i both sidos and to entertain no hostility to either. 1 eer¬
ily have never been hostilo to . the1 interests wliieli it is now
med were injured by tho issue of these: patents. .... If, I hurt,
a I certainly should not have so readily recoin mended tho
dps extensions, or granted re-issues : of the. Phelps, tho
ito and ltmidnll, the Stearns, and other patents, all of which
new belonged to tho Western Union, or to organizations
trolled in fact by it, and which re-issues were designed in
ry instance to injure tho interests of people I wns person-
not taken such things into a
what is tho right thing to bo
If, in tho issue or theso cn
iii liny wny, I protest it has
mine, or of tho Patent Oil!
such injury elsowhor?.
Rcspeetfnll
mentioned re-issues. In fool, furtli
llio abovo mentioned extensions; ro
li the Western tbium, or lo organ!
re-issues were designed in every inafu
mu personally on <jood terms with."
ret would scoin to Indicnlo Hint ho thought tho tillo to properly in homes wns
Si by tho nnmc or Mimes tho grantor lmd inserted ot tho head of llio dcscrip-
mid ivritlon in tho body ot tlio cortlllc.Ho of llio grant. It eerloinly cannot
ml of Ids property which can linvo no bash other than nucli li holiof. Tho
bs printed there sottlo noquosllou of title. If tho complainant has liy law any
i, tillo, or interest In tho horse, no net of tho defendant can iltvest him of such
id in tho dood of conveyance of tho liorao. Tho courts stand ready to protect
anil his rights iviil bo protected by thorn as fully and comploloty ns though
I.— Tito Commissioner not ouly decided Hint llio offleo must tnko tho legal rcc-
but that tho legal record showed that the inventions bolongcd to Edison anil
icolt, as will bo soon by tliu following oxiract front tho Commissioner's decision t
ecutcd tho assignment to Prescott, and. ho nlono had liio right to* convoy any
th nil duo formality when, in 187-1, ho convoyed an entire half interest In tho
liovo, with ported certainty that If tho necessary formalities have been -ob-
rvctl, the Commissioner must necessarily order the patents to issue to Edison and
■escolt" Wilber, In Issillug tho patents to Edison and Harrington, thus not
Indicate a whirr knowledge of tologn
Unit his profound InvesUgntlons into
nature of Ills ofHco do not provont 1
all that is pnsslng in tho groat worli
Mr. Wilber's statement, so cni|
to tho interests which it Is now els
cuts" (for eases Hand lit to Edi
have so readily recommended the Phi
the Foote and llandoll, the Stearns in
or omclal power according to -perst
Tho recipients of tho above uicnl
be congratulated iqion llio feet thill
but wo reel sure that Ihoy, os well l
Issue of parents strictly iu accordiu:
without reganl to pcnroual or other
' I
giefoM the ®0wnu5siouet of fateuts.
IN TUE MATTER
The Application of George B, Prescott ami Thomas
A. Edison for Letters Patent, dated Autjwtt imu,
1874 : opposed by George Harrington, by Petition
dated January 23d, 1875.
Argument for Mr. Prescott.
-4-: -
Matter
The Application's of Thomas A.
Edison and George B. Prescott,
of August lOtli, 1874, for Let¬
ters Patent to Tliomns A. Edi¬
son and George B. Prescott;
opposed by George Harrington,
by petition dated January 28d,
1876.
TnE records of tho Patent Office material to bo
sidored are :
1st Agreement— George Harrington and Thomas A.
Edison, dated April 4tb, 1871, recorded May Oth, 1871,
Libor U 18, p. 412, Transfers of Patents.
2d. Assignment — Thomas A. Edison lo George
B. Prescott, dated August 10th, 1874, rreorded
-a
August 20tli, 1874, Libor .It 18, p. 62, Transfers of
Patents.
8(1. Various specifications in the applications of Edi¬
son, Nos. 0-1, 05, fid, 07, 08, 00, 100 ami 112.
4th. Power of attorney. — Thomas A. Kilson, to Jay
Gould, dated January 0th, 1875, recorded
1875.
5th. Petition of' Gcorgo Harrington, January 28d,
1875, and letter of Thomas A Edison of the same
A portion of these records arc printed ns an appen¬
dix to these points.
On the 10th of August, 1704, Edison assigned (by
sprcinl reference to die numbers of the applications)
one undivided half interest in iho whole or each or the
inventions described in the specifications attached to
the above-named applications, with special stipula¬
tions that the letters patent, when granted, should
belong to tin in jointly ; and rrrpu sling and authorizing
tho Commissioner of Patents to issue the patents to
Edison and Prercotl, jointly, as assignees of Edison.
In consideration of this assignment Prescott pnid
and expended a large sum of money.
At, and subsequent to, this dale, Prescott and Edison
were in treaty with the Western Union Telegraph
Company for the sale of these inventions, and on tho
10th of December, Edison received $6,000, on account
of iho purchase from that company, although tho price
line! not been definitely fixed.
On the 80th of December, Edison and Prescott pro¬
posed a sum as full compensation, which was subse¬
quently, and before any withdrawal of the ofl'er, accept¬
ed by tho company..
After this acceptance it was learned that Edison
had, in breach of his contract, given tho power of at¬
torney to Jay Gould; still later, Mr. Prescott was
made aware of the application of Harrington, and, for
the first time, of the pretence that tho Harrington
agreement uovered tlioso inventions.
Mr. Prescott is advised that the original application
and request, by Edison stand, and cannot bo revoked
by him, being based upon consideration paid.
Tho attention of his Honor, the Commissioner of
Patents, is asked to the following general propositions,
which arc discussed more at length in the following
points:
1. The legal title to one-lmlf interest in the inventions
in question is in M. Prescott, and therefore all pre¬
sumptions arc in his favor, and tho entire burden is
upon anyone who seeks to impeach that title.
2. Mr. .lliiiTingUm must show, beyond doubt, that
the paper on which lie relies has taken legal effect
upon those inventions. If tiny doubt remains the
legal title must stand, with nil the incidents attending
it, or arising out of the contract with Edison, to wit:
that tho patent shall bo'ltold by them (li. & P.) jointly,
and not be dealt with by either, except as permitted
by tho terms on which Prescott accepted tho assign¬
ment, and parted with consideration.
8. Tho agreement of Harrington and Edison is
not by its terms an assignment of any such inventions
as these; that, even wero it broad onough by its terms,
still it cannot alToct these specific inventions ns nn assign¬
ment, because nt tho date of its delivery these inventions
dul not exist, and could uot, therefore, bo assigned.
4'. Tho inventions in question being improve¬
ments upon a method of transmitting telegraphic
messages known ns the 11 Duplex/ do not come within
the terms of that agreement, winch relates solely to
an ontirely different subject, viz.: “automatic or fast
telegraphy."
6. That this ollico being without the powers and
functions requisite to deoidc questions of conflicting
equities, the proper, prudent, and just conrsc for the
Commissioner is to issue patents to thoso possessing
the legal title, to wit: Edison and Prescott, leaving such
persons ns may think they have equities to seek their
romodies in a court of competent jurisdiction.
ono half, of tho whole intorest, and to make and
perform a contract to hold the other halt himself
The alternative is that he then intended to practice
false pretences and commit a fraud. Wo do nol
charge this, and we presume he will not assert it,
/:!b vi termini his conveyance implies an assurance
that he had not previously convoyed two-thirds tc
Harrington.
These clear implications, from his nets, sup,
ported by his positivo averment, cannot be dis¬
placed by a subsequent declaration of an undo
R mill ■•nrrniinnn-iiimiivssi.lll." lliado Ulldcr circUIlV
— Wbntevor else may badoubtful,l\vo things are certain,
viz. (1.) That when Edison delivered tho assign¬
ment to Prescott, ho intended to transfer, nud sup¬
posed that he did transfer, one-half the entire in¬
terest in tho specific inventions described in affi¬
davits Nos. 91, 95, 90, 97, 95, 99, 100 and 112, now
in question, nud (2.) That lie did not, at that time,
understand that ho had previously transferred
any intorest in thoso inventions.
Tho assignment to Prescott is not of one-hall
Edison’s intorest, but of 11 ono undivided half-part
of 11 the right, title and interest, of every character,
in, to, and under, and connected with the aforemen¬
tioned inventions, and letters patent oi i
granted," and it “authorizes and requests tho Com¬
missioner of Patents to issue tho said lcltors pa-
tout to Thomas A. Edison and George B. Pres¬
cott," as assignees, &o.
Thus it is made clear that, notwithstanding tho
agreement with Harrington, Edison understood
himself to bo the owner of. and free to convav tho
II.— Wlion tho assignment to Prescott was made,
nearly Tour years after the date or Hint to Har-
ringtou, inventions had ken made and completed,
ami wore in form to be definitely desoribod and
identified. Tlio inohonto right to a monopoly,
whioli tlio iuvontor then for tbo first time nenuir-
ed, was propel ty capable of being the subject of
bargain and sale, and the words used in the assign¬
ment to Prescott were apt words to effect, and did
efl'eot quoad hoc a transfer of that inchoate right,
“Tlio itiacnmcr of o new mul useful invention In vratn] by
tlio law rcqilirPM, mul Fitrgcmhl |(o.«h>hsciI tills Inelionto right at
ilio tlmo of tlio nHHlgnmcnt. Tho discovery lind lieon made, anil
tlio Inngimgo of I lio assign men t tlmt it wn» intended to operate
i«l»on tho jierfccl legal titto wliich Fitzgerald tlicn lind a lawful
•uresis which lie actually possessed. Tlio assignment requests
tlio party lias acquired 'an inelionto right to it, and tho power to
meat of his whole Interest, wholher oxccutcri before or after tho
patent issued, Is equally within tho provisions of tlio Mi of
From tli is authority, if authority was needed, It
is clear that two things only aro contemplated by
the patent laws ns subject to bargain nnd sale.
— 1st, Tlio inchoate right to obtain a patent (wliich
right docs not exist until an invention or dis¬
covery lias been made sufficiently complotc to bo
described), and, 2d, llie letters patent them¬
selves. It also appears that a valid assignment of
the inelionto right transfers the right in tlio patent
ivlicn obtained.
What right touching tlicso inventions did
Edison possess at tlio dnlo of tlio assignment to
Harrington ? The right to m alee these inven-
ions, if lie could, and no more. Tlmt being tlio
inly right lie possessed, ho could transfer no
itlicr to Harrington. Ho did not, therefore,
rnnsfor then any right touching them ; nnd, being
till possessed of all the rights lie ever lmd to
hem, on August 19, 1874, ho transferred an inter-
iBt to Prescott, who took immediately a legal title
to bo ft bnlf owner in the letters potent, wliou
As was said by the Supremo Court, in Gay-
lor v. Wilder, “it appears by the language of tlie
assignment llmt it was intended to operate upon
(lie perfect legal title which Fitzgerald (Edison)
then had a lawful right to obtain, ns well ns upon
the imperfect and inchoate interest which he actual¬
ly possessed.”
r. — It being equally indisputable that the legal right
is in Prescott, and llmt the Patent Oflicc is not
equipped to exercise equitable jurisdiction, or to
measure conflicting equities, it is submitted con¬
fidently that the Commissioner must bo guided by
tlinl fundamental principle of our jurisprudence
which gives possession under the legal title, leav¬
ing equitable claimants to contest their rights ns
plaintiffs. If Harrington 1ms any interest, of which
the law can lake notice, his proper forum is in
the courts. There are numerous reasons why
prudence anil impartiality require that the patent
should bo issued to Edison and Prescott, in whoso
joint custody (in view of their contract on record,
forbidding either to licence or sell without the con¬
sent of tho other, and of the known conflict of in¬
terest between them which prevents any clinnco
of collusion), they would be safely held to an¬
swer the claims of Harrington or whoever else
may bo interested. On tho contrary, being issued
to Edison and Harrington, nr to Edison alone,
very embarrassing questions might arise in re¬
spect to licenses, assignments or grants clandes¬
tinely made by them, or by Mr. Edison’s attorney,
Mr. Jay Gould, These considerations will bo
discussed more fully under another point.
V- — So far wo have, for argument’s sake, treated the as¬
signment to Harrington as if it might bo construed
so ns to have reference to tho inventions in question.
Such is not tho fair construction of that instru¬
ment. Tho languago nindo uso of is wholly in¬
applicable to theso inventions cxcopt by violent
perversion. Moreover, the instrument does not
purport to assign future improvements upon any¬
thing oxccpt what is there numod as “Automatic
Telegraphy Mechanical Printers."
That assigr.mcut recites (us matter of fact) that
Edison did (at somo former timo) ngroo to invent
and construct * * * full and complete sots of
instruments and machinery, that should * *
develop into practical uso tho Lillie, or other sys¬
tem of automatic or fast system of telegraphy,
and subsequently to iinprovo and perfect such in¬
struments and machinery by adding thereto, from
time to time, such further inventions as oxperionoo
should demand, and my ability as nil inventor and
electrician might suggest; * * # il10 said in¬
vention and improvements to be tho joint property
of said Harrington and myself” * * * .
Having thus recited a former promise to make
certain inventions (if possible), tho instrument pro¬
ceeds to deal in presenti with matters then in ex¬
istence, under the designation of “said inven¬
tions,’’ os follows :
“Now,1 therefore, bo it known * * * I, Thomas
A. Edison, do * * * hcroby assign, sot over and
convey to him, said Harrington, two-thirds, in
interest, of all my said inventions, including therein
all my inventions of mechanical or copying printers,
and of all tho patents for all such inventions and
printers, whether already issued, applied for, or
to 'be hereafter appliod for, and of all and what¬
soever of my inventions and improvements, made
or to bo made, that are or may he applicable to
automatic telegraphy mechanical printers." '
This is the substance of tlmt part of the paper
licit operates ns a conveyance. It will bo seen
at its lnngungo is appropriate for a enso in which
volitions had already hem made, in pursuance of
oh a prior arrangement us is described in the
aitnl elnuso ; anil its lnngungo is npt for the
ftnnt conveyance of such existing inventions,
ilh the addition of a stipulation to convey, in
lure, certain other specified improvements, to wit :
improvements made or to bo made that are or
ay be applicable to automatic telegraphy me-
innicnl printers."
Upon this paper, ns it rends, Ilnrrington could
at justly claim from lidisou an interest in any
ivention notcomplete at the limbing of the agree-
iOnt, except inventions relating to the mechanical
rimers used in automatic telegraphy. It will
iso bo seen that the whole contract is limited to
tber the “ Little " system, or any other system of
ntomntic or fast telegraphy , and to certain printers
seful in that system or telegraphy ; which printers
re by a phrase which perfectly distinguishes
nem, called “Automatic telegraphy mechanical
rimers.”
It is understood that Harrington’s clniiii is based
olely upon a rending, or rather misreading, of these
vords : “ Littlo's system, or other system of auto-
natio or fast telegraphy," which distributes them
nto tlirco groups, representing three different sys-
ems (instead of one), which may stand and be
jpernted independently of each other, namely :
(1.) The Little systom.
(2.) Automatic systom.
(8.) Other fast systom.
Those terms must have a reasonable construc¬
tion. The object of tho construction is to ascer¬
tain the meaning of the parties at the lime they
made use of the terms.
In 1871 the term "Automatic or fast telegraphy”
had already taken a firm hold in the literature of
the telegraph, and had extended into common ui
but at that timo it is helioved that the term “ I
plox" was ouliruly unknown, at least outaido
the Patent Ollicc, and that tho term 11 Omul
tem. The Morse system, aided by tlio duplex or
qnadruplex instruments, is a “ fast system”, pro-
oisoly ns a railroad train running at a uniform rate
of speed is mado faster or slower, according to tlio
number of cars it contains, or lire number of pas¬
sengers it transports.
If tlio Erio canal sliould bo widened so as to
accommodate ten boats abreast would it be a
faster mode of travel than now ? Is n horse-race,
in which ten horses run the course together in ten
minutes, faster than a race over the snme course
which is run by another and fleeter horse in two
minutes?
It seems that counsel ought not to bo called
upon to discuss, nor required to occupy the atten¬
tion of the Commissioner with tlio hearing of ar¬
guments upon, n point so palpable as this.
The following extended extracts from public
journals and books relating to “ fast " telegraphy,
and tlio various forms of the multiple method, as
well as from the contracts of Harrington himself,
make a demonstration as utterly conclusive as is
possible upoir any question, that the term “ fast
telegraphy ” is a" synonym for, and by common
acceptation includes and is limited to, “Automatic
telegraphy." 'l'lio term “fast" is evidently « <?«•
scriptive epithet intended, hy its universal asso¬
ciation with the appropriate scientific lam “ Auto¬
matic to emphasize what its friaids consider the
distinctive men t of the Automatic system.
So oxtonded lias been this use of tlio worn
“ fast," and so complclo the ncquicsccnoe of the
newspapers and tlio public, that if it were a case
of trade-mark, under the common law, the owners
THE AUTOMATIC OK EAST SYSTEM.
Bain’s New System.
“ Aflor the holes nro made, the machine will transmit
from 600 to 1,000 impressions in a minute."
Yol. 4 of Henry O’Reilly’s Scrap Book, at the library
of the New York Historical Society, contains tlio
accompanying extract from the Rochester Daily
American, March 22, 1848.
“Mr. Bain is the inventor of three instruments, all
of which Mr. O’Reilly has tlio light of using in this
country. One of these, the “fast instrument," is capa¬
ble of transmitting in an hour a communication that
would fill eight or ten columns of an ordinary sized
newspaper.
Tlio same paper, in an editorial of December 6, 1848,
calls it “ Bain’s rapid telegraph,” and in another plaeo
“ Bain’s rapid mode.”
From the Abbo Moigno’s description of Bain’s Auto¬
matic Chemical Telegraph. Bulletin de la Society
d.' Encouragement pour V Industrie Rationale, May 8,
1860, p. 286* The Electro Telegraph, By Lau¬
rence Turnbull, Philadelphia, 1868.
rolls itself with extreme rapidity; tho plate, drawn by a
olock-liko movement, turns also with great quickness.
At 45 seconds the 1,200 letters composing this page
appear very neatly drawn on the disks of tho chemical
paper, and were thus faithfully reproduced, and would
have gone two or three hundred leagues farther with¬
out any difficulty. *****
“ These are the advantages which the author attrib-
utes to Ids system of electro chemical telegraph : 1st.
More economy and simplicity in the primitive con¬
struction ; 2d. Mure rapidity in the transmission of the
dispatches ; a single wire with a go. d insulator can
transmit 1,200 letters a minute, or twenty letters a
second, that is, ten times more than is customary."
From The lileclro-Magnetic Teleyruph. By Laurence
Turnbull: Philadelphia, 1853, page Si).
Bain’s Electro-chemical Telegraph. * * *
“Transmitted through groups of perforations, forming
signs, which are recorded at the receiving station by
pulsations of the clcctiie current acting on chemically
prepared paper * * » theieby effecting
the transmission of a communication to one or a plurality
of distant receiving stations with far greater rapidity than
by any other mode.”
Bccords of the Directors of the American Tolegrnph
Company, March 1, 1861.
“ Humaston Invention, Col. Leffems.
"An opposition tolegrnph lino between Boston and
"Washington is proposed to bo put up, of which Col.
M. Lefferts is tho head. Ho proposes to use a fast
system, an improvement on tho Bain principle."
16-
From The JSlectrie Telegraph. By Robert Sabine:
London, 1867, p. 166.
• Wheatstone’s Automatic Telegraph : “ This excellent
method is said to combine tho advantages of a five¬
fold sjiecd in transmission, with a considerably grentcr
security for correctness and legibility."
From The Kleclric Telegraph. By Robert Sabine : Lon¬
don, 1867, p. 178.
Bain’s Chemical Telegraph.
“The entire message (282 words) was written in full
in the presence of the committee, each word being
spelled completely and without abridgment, in fifty-
two seconds, being at the average rate of five words and
four-tenths per second * * * a distance of
upwards of a thousand miles at the rate of 10,600 words
per hour."
Automatic Telegraphy. By Alex. Bain. The Tele¬
grapher, vol. iv., p. 129, Dec. 14, 1867.
“ Automatic telogrnphy consists of methods of trans¬
mitting and receiving previously composed messages
between distant places by menus of self-acting machin¬
ery, in connection with electric currents, and where
properly carried out, it is distinguished from common
telegraphy by the great celerity with which messages can be
sent and received, ns well as by tho great accuracy it
insures in its transmission and reception of intelli¬
gence.
From The Telegrapher, vol. iv., p. 273, April 18, 1868.
Wheatstone’s Automatic Telegraph.
“This instrument is now being worked with much.
success 1) y tuo Elcctrio Telegraph Company, and the
rale of speed attained by its use is perfectly marvelous
The messages are punched out upon strips of paper,
and are sent with a rapidity far exceeding the manipu¬
lative shill of the most experienced operator.”
From The Annual Jieportof the Western Union Tele¬
graph Company, 1860.
“ Tho patent for the automatic or fast system is owned
by the Western Union Co., Ac., It c.”
From Ihe telegrapher, vol. vi., p. 100, February 5
1870. letter of D. 11. Crttig.
“ Mr. little and friends have cheerfully awarded t<
Bain the credit of boing the first to conceive of t
"fust ” or automatic process of telegraphing ; but whilst
Bain’s process was ingenious it was not practical ; ant
the difference (which Mr. Westbrook wishes to lmvt
stated) between Bain and little is precisely tho same
is between little and Westbrook, to wit : little’s Sys¬
tem of Automatic Telegraphy is thoroughly practical,
nuch more correct and reliable, ami ten it tig
imes more rapid than the Morse hand-key system."
From The Jleport of the National Telegraph Company,
18G9, pp. 4 and 6.
“Tho little automatic or fast system." * *
" The yiut system." 9 9 “ This system of send¬
ing messages by telegraph, invented by George little."
“ A- practical system of ‘ fast ’ or 1 automatic tclo-
graph,’ ” page 8.
“ Bonelli (in 1804) introduced the fust system of auto¬
matic telegraphy ,” page 0.
“ Bain-Ilumaston, ‘machinery for fast or automatic
telegraphy.’ ” page 10.
From Professor Morse's Report. Journal of the Tele¬
graph, vol. iii., p. 87, January 16, 1870.
11 The reason why automatic telegraphy has not been
i practical success is not duo to any fnilure to transmit
and record rapidly and accurately, but to tho want of
somo rapid, economical mode of preparing the matter
for transmission. It is in this direction wo nro to look
Ibr a solution of the problem. Tho other part— that
of transmitting and recording at a very rapid rate — has
been repeatedly demonstrated."
“ Now York, March 8, 1870.
“ Dear Sir— In your note to me, of tho 8d instant,
ou apprise me that Mr. C. Westbrook lays olnitn to
he invention of the use of the indented or embossed
inper of the Morse Jtcgistcr for rapid automatic trails-
lissivn, and this claim, you say, you denied him on
'hat seemed to you ‘sufficient data to support the
eninl.’ Your request for ‘enlightenment on tho
ibjcct ’ I cheerfully comply with, since it will, I think,
illy sustain you in your position."
rom The Telegrapher, vol. vi., p. 408, August 18, 1870.
Automatic Telegraphy. •
“In answer to several recent inquiries relative to
ie ‘fast system of telegraphy,’ ol which so much was
id six or eight months ago by Mr. D. II. Craig, and
Inch lias been so much dcoried by parties whoso in-
to rests its success would jeopardize, wo arc informed
that Mr. Craig and his associate arc still sanguino ol
its success. Should it realize one-half of the advan¬
tages claimed it cannot fail In have an important influ¬
ence ill the future of scientific and practical telegraphy
everywhere."
Extract from a letter by IX H. Craig, published iu the
New York Herald, August 20th, 1870, under title
of Automatic nr Fast Telegraphy.
“Tlie interest you have evinced in the subject ol
automatic telegraphy leads me to believo that you and
your readers will he gratified to learn what lias been
accomplished during the last six or eight months in
the development of the Lillk system of fast telegraphy.
“We have just commenced to mnke tests of the elec¬
trical condition of our line and tho capabilities. of-our
mimnatitrmuchmery for ‘fast telegraphy.' 'V . ' ! 'n.
A description of the Wheatstone Automatic Telegraph,
forwarded by Henry Weaver, Esq., of London, to
the Western Union Telegraph Company, contains
the accompanying. — 1870.
“Sin Ciiahi.es WiiKATOTO.s-n’s limn Si-nun Tkle-
Moses G. Farmer on Automatic Telogrnphy.— Sait
American, vol. xxiii., p. 888, Dee. 17th, 1870
“In order to nttiiiu tho exceptionally high rt
speed which lias been experimentally obtained upo
automatic lino recently constructed between Now ’
and Washington, * * * why not employ i
kind of an automatic system to transmit tho mess
and employ the l’helps’, House, or some other pri
to simply copy them 7 "
Automatic Telegraphy, by D. If. Craig.— Seie
American, vol. xxiv., No. 1, p. 4, January 1, 187
“I have read with attention the speculations of
ressor Fnrmcr and Mr. Prescotl, in recent numbe
the Scientific American, upon the subject of autor
ir fust' telegraphy.
“ Mr. Prescott's statement, assented to by Prof,
nor, that ’ the speed of automatic transmission v
nverscly ns tho squnro of the length of tho lin
loubtlcss good ‘science,’ as they understand it,
iriowed in tho light of our cxpcrienco it is arrant
'enso, as all our tests go unerringly to prove that,
ho Little system of automatic or -fast' telegraphy
ongcr the oireuit tho better the work.
“Tho difficulty with Air. Prescott, and all i
rnrties who have strivon so vigorously to writo d
lutomntic telegraphy, is, that through ignoranci
lesign, they liavo utterly ignored tho important
hat Mr. Little uses electricity, under entirely diffc
sonditioiis from what it was ever before used by
icrson who bus experimented in fast telegraphy, ni
s to this fact, and not at all to the fact that wo ha
mperior line, llint wo trunsmit and record correctly 1
cords per minute, or 00,000 words per hour, over a >
“The Little system of fast telegaphy, having bcon
satisfactorily tested, in an experimental way, is now
about to bo placed before tho public of Washington
and Now York and intermediate cities for tho transac¬
tion of public business, and it is not doubted by any-
0110 wiio understands the principles which govern tho
new system that it is destined to offeot a complete
revolution in the whole telegraph and postal business
of the country.”
Automatic Telegraphy. — The Whcatslono and Siemen's
System. — The Telegrapher, vol. vii., p. 899.— -Au¬
gust 6, 1871.
“In common with most other systems of automatic
or fust speed telegraphs, Professor Wheatstone employs
three distinct machines — the perforator- the trans¬
mitter, and the receptor.”
h'roui The Mechanic's Magazine. Loudon, December 80,
1871 ; vol. xcv., No. 2,405, page 510.
“ Wheatstone's Automatic System.
“ In tho ordinary systoin of telegraphy, on the most
rapid instruments in use, tho limit of speed is not that
of tho capability of tho instrument itself to transmit
tho signs sont, but depends solely upon tho skill of tlm
operator in rapidly moving tho key or koys used to-
transmit tho signals; and it will bo evident that if it
is required to send a greater number of words in a
given timo than one operator is cnpablo of sending, wo
must increase tho numbor of operators — necessitating
in tho ordinary system an increased numbor of wires
and instruments. Tho automatic system, by making
tho formation of the different signs independent of
their transmission, does away, within eortnin limits,
with .tho necessity of increasing tho number of wires
and instruments along with tho increase of tho opera-
From The Journal of the Society of Telegraph Engineers.
London, 1872 ; vol. i., No. 1, page 39.— March 18,
mvo 1
“Tho following paper on 1 Automatic Telogmphs 1
was read by Mr. B. S. Ciillcy :
“ The advantages of machine ovor hand lubor are as
apparent in telegraphy as in any other mechanical art,
even without regarding speed for signals mechanically
sent, will always he bettor formed, and more legible,
than tlioso sont by the key.
“But wo are able to show, from experience, that
besides assuring better signals, a greatly enhanced sped
can be attained by the automatic system."
Wheatstone’s Automatic Tolegrapli System. — Tela-
graphic Journal. London, December, 1872.
“Automatic instruments have bcon devised for tele¬
graphy for the same reasons as have influenced tlm
introduction or machinery, vis., speed, and, xoilh sgiced,
accuracy."
From tho lleporl of the Postmaster fioneral for 1872
p. 28.
“Tho introduction of the duplex transmitter, doub¬
ling tlio capacity of lines for through b usincss, and of
the 'fast' or •automatic' system, by which one wire
can bo inado to do tlio work of six.”
•om The Report of the Postmaster General for 1873.
"Tub Automatic oit Fast S\sn i "
Extract from circular letter of D. II. Craig, maim-
sr of the news ilc|inrtmoiit of tlic Automatic Tele-
•aph Company, dated February, 1878: After more
inn three years of patient waiting and watching, I am
last able to announce to you that automatic or fast
hjraphy is absolutely finished and iu practical opera-
Citations fuom Tki.kiiiiathic Litekatuuk.
THE DUPLEX Oil MULTIPLE SYSTEM. .
I'rom The Telegrapher, vol. iv., p. 268, April 11, 1808.
Edison’s Double Tiiansmhtkii.
"By means of this ingenious arrangement two
loiiumuiieulions may be transmitted in opposite dirco-
ions at the same time on a single wire.”
From The Telegrapher, vol. iv., p. 280, May 2, 1808.
The Double Tbansmission System of Teleo bath¬
ing, by F. L. Pote.
“ A systom of telegraphing which should admit of
the transmission of communications in opposito direc¬
tions over a singlo wire at the same time." * * *
“Soon after the experiments of Gintl, improved sys¬
tems of double transmissions woro invontod by Frischon
and Sicmons-Halsko."
From The Telegrapher, vol. iv., p. 297, May 9, 1868.
“ An improved systom of double transmission was
invonted in tho year 1864 by an inspector of telegraphs
in Hanover, named Frisohen."
Advertisement in The Telegrapher, vol. v p 129
Dec. 12, 1868.
EDISON'S
DOUBLE TRANSMITTER,
The most Practical Apparatus of its kind yet invonted.
Complete Sets (put up in working order),
Price, $4.00, $4.60, $5.00.
For further information, address
THOMAS A. EDISON,
Caro Okas. Williams, Jr.,
Telegraph Instrument Maker,
109 Court street,
Boston, Mass.
From The Telegrapher, vol. v., p. 272, April 17, 1869.
“ On Tuesday evening last a new double transmitter,
on an improved plan, invented by Mr. T. A. Edison,
was tried between New York.aml Bochester."
From The Telegrapher, vol. vi., p. 88, Nov. 6, 1870.
“ The Bankers & Brokers’ Telegraph Company have
equipped one of their wires between this city and
21
Philadelphia with Stearns’ apparatus for double trans¬
mission, enabling the operators to work both ways at
the samo time on one wire.”
From The Journal of (he Telegraph, vol. v., p. 180,
May 1, 1872.
11 As an ovidcncc of tlic value of Mr. Stearns’ ma¬
chinery for the transmission of messages both tvnys
over the same wire at tho same lime, wo givo tlie fol¬
lowing * * * : ”
“Here is avast advantage gained. No automatic
plan approaches it in positive value. It is the most
marked ndvanco yet made in telegraphic service, for,
though it docs not cpticken the process of transmission,
it practically does so by doubling the capacity of every
From The Journal of (he Telegraph, vol. v., p. 148,
May 15, 1872.
’The Western Union Telegraph Company has ae-
quired the exclusive ownership of the patents of 1SG8,
of Joseph B. Stearns, of Boston, Mnss., for instru¬
ments by which telegraph messages are transmitted in
opposite directions by tho use of a single wire."
Editorial Caption Journal of the Telegraph, vol. vi.,
p. 88, January, 1878.
“Successful Experiments with the Stearns’
Duplex Working a 2,000 Mile Circuit.
letter from C. H. Haskins, in London Telegraphic Jour¬
nal, June 10, 1878.
“ I note In your journal of the 16th February, in
your article on ‘Duplex Telegraphy,’ that Mr. Baggs
was tlio first to add the condenser to tho existing appa¬
ratus. I had supposed myself familiar with all that
had been made public in Europe or in this uouutry in
double transmission. * * * ”
From London Telegraphic Journal, vol. vi., p. 217.
“ The Stearns’ duplex lias been used for several years
in tho United Stnlcs. * * *
Like all double transmission systems since Gintl,
Citations showing the scope and meaning attached
to the expression, “System of Automatic or Fast
Telegraphy,” and tho use of “automatic” or “fast,"
as convertible terms, by George Harrington and by
George Little, whoso name appears in tho Edison
assignment to Harrington, ns designating the system
upon which tho Edison improvements, which form the
subjeot of that assignment, were or wore to be based.
Extract from ngreemont botwcon Harrington, and Little,
made Sept. 22, 1871:
“Whereas, George Little, of’ltullierford Park, Now
From The Bcport of the Postmaster General for 1872,
pngo 28.
“Tho introduction of tho duplex transmitter, doub¬
ling tho capacity of lines for through busincsss, and of
tho 1 fast ’ or ' automatic ’ system, by which ono wire
eau be made to do the work of six.”
Jersey, lies invented nnd patonlcd n System of Auto¬
matic on Fast Teleguapiiy.
"And whereas, the said Qcorgo Harrington is inter¬
ested to the extent or nnc-tliird in certain inventions
and patent rights, useful in mUomalie telegraphy, in-
eluding a copying printer of Thomas A. Edison, of
Newark', New Jersey.
“ Now, therefore, * * * so far as such inventions
are applied by said company to automatic telegraphy
and used, lets., &c."
om Circular of George Harrington, President of the
Automatic Telegraph Company, New York, Jan.
"The President of the Western Union Company
having set forth in a published letter * * *
concerning the Automatic or fash system. * * *
"The people are interested only in knowing whether
the capacity and economy of the automatic system
are to enure to their benefit." * * *
From Letter of George Little to Win. Orton.— JV.;
Telegrapher, No. 438, p. 269, October 16, 187-J.
To Wit. OltTON :
“You say of fast telegraphy, ‘this is a favorite des¬
ignation given by its friends to what is better known
ns the automatic tyitcm. Why it should be called
‘fast’ I have never been able to comprehend. I will'
“Little’s Rapid Automatic Tblegiiapii System.”
The general literature of the art thus disoloses the
difference between tho automatic nnd the duplox sys¬
tems, and the fact that the facility for rapid signaling
afibrded by the automatic system became its distinctive
uharuutcnstiu and led to its being familiarly calle.1 the
“ fast system.”
Hence the uso of the words “ automatic ’’ and “ fust"
ns synonyms by Edison and Harrington in tlioir agree¬
ment of August -1, 1871, nnd the like use of similar
terms by Harriiir'ton and Little in their ngreemont ol
September 22, 1S71, and by George Little, in his letter
of Oelolier 15, 1874, to William Orton, and by George
Harrington, in his circular to the public of January
2S, 1874, is proved to bu the only uso of tlioso words,
in connection with telegraphy, which is justified
by and in keeping with common and long-continued
That the “automatic or fast"systom is one thing,
an-l tho system of multiple transmission is another
thing, is illustrated by tho fact that both systems, if
desired, may be used together. That is to say', sevoral
messages may be simultaneously transmitted by tho
simultaneous operation of several automatic signaling
macliinos, thus adding tho clomonl of "fast” to tho
clement of multiplicity.
Tho wire upon which the electrical ourrent travols
in ono direction, nnd tho enrtli, through which the our-,
rent returns to its starting point, may bo likonod to a
double track railroad. The performance of a given
29
amount of transport sorvico by moans of a train run
at a speed of fifty miles an bour would be properly re¬
ferred to as exhibiting a fast system of railroading.
But the same volumo of sorvico could be performed by
five trains of like capacity running at the rate of only
ten miles an hour. To call the latter a Inst system of
railroading would be obviously absurd. Nevertheless,
the fast system might be applied to the five trains by
giving them all the speed of fifty miles an hour, just as
the fast system of telegraphy might be adopted for tlio
simultaneous transmission of several messages by sub¬
stituting automatic or mechanical signaling for the
hand-signaling of several operators.
V.— The suggestion of issuing pntcnLs to Edison
alone eannot be defended. His double-dealing lias
given rise to tins complication. Neither his personal 1
action, nor the merits of Mr. Jay Gould, his attorney
irrevocable, appoar to point them out as persons
specially trustworthy to hold title for others. Mr.
Prescott, tlie only person who is, without dispute, en¬
titled to some slinro in the monopoly, should not bo
oxcludcd from the letters patent, and bo thus put to
demand another assignment to restore him to his
rights. In Gaylor vs. Wilder, the Supremo Court, aficr
holding that an assignment of the invention before
issue of letters patent, passed a legal title to them
upon issue, the issue having been improperly made to
the inventor, instead of to the assignee, said: "We
aro the less disposed to give it" (tlie assignment) "any
different construction, because no purpose of justice
would bo answered by it,” p. 408 j and further: 11 Kits-
gerald sets up no olnim against tbo assignment, and to
require another would he mere form," p. 494.
In this ease Edison sots up no olnim against the
assignment to Prescott It is Harrington who sets up . !
a claim adverse to us. Edison’s lottor referring to his
“misapprehension," and his futile effort to withdraw
a request (made on good and indefensible considera¬
tion), do not tend to impeach the assignment as be¬
tween himself and Prescott. Even if Harrington is
held the ownor of two thirds, the assignment is still
good to take from Edison all the interest he has re-
mummy. That Prescott is the ouly person who is,
without dispute, the owner of some interest in tlie
patents to be issued will appear by considering, as is
done below, the state of each claimant’s titlo :
1st. As to Harrington. Prescott disputes the as¬
serted effect of tlie Edison assignment to
Harrington of two-thirds, and tlio decision of
the Commissioner, or of a court, may declare
Harrington to bo totally without interest.
2d. As to Edison. Edison professed to havo as¬
signed to Harrington two-thirds. Tf this is
so, he certainly lias also assigned Prescott
half; lie is therefore one-sixth overdrawn and
must bo held to be totally without interest.
8. As to Prescott. If Prescott’s own theory is
right, he is the owner of half. If Harrington
is right, Prescott (having been assigned one-
half of the whole) will take tlie remaining
one-third (being all ho can get). If Edison
is right in his construction of his agreement,
still Prescott has one-third j or if ho should
attempt to claim that lie assigned only one-
half his interest, that being one-third, Pres¬
cott has still one-sixth. Tims Prescott is tlio
only person who, in all events, must bo bold
to have some interest.
The Commissioner ought to issue Letters to Pres¬
cott and Edison, leaving Harrington to bring his suit
against them ns his trustcos.
1st Because lilt, title is safe in thou, by force of
tlioir agreement on recoivl. Harrington will
(lie and Edison being ill confederation) And
the title intact when lie wants to bring sail.
2d. Because, if given to Edison alone, the state of the
record title favors the granting of assignments
or licenses behind our backs by himself or
his attorney,. .lay Gould, which we might not
ho able to prove were not in good faith, and
which would at least needlessly complicate
matters, and cause useless expense.
M. Because, if issued to Edison alone, a suit must
be instituted to substitute some one with
Certainly, Prescott will be put in with him
Perhaps Harrington ami Prescott may oust
him altogether.
rr l’reseolt is put in now, the simple ques¬
tion for litigation will be, who is his partner?
and that suit would bo prosecuted at the ex¬
pense of the parties who arc the real contest¬
ants upon the material question whether they
have any interest, and not that of the party
as to whom the only question is, what is the
extent of his admitted interest?
It seems absurd, therefore, lo leave out the
only man who must surely be put in hereafter.
4th. Because the only specific assignment on re¬
cord is that to Prescott. No question of fact
is raised, or need bo determined, to enable tlio
Commissioner to know that the inventions in
question are the vory ones named in his
assignment, and at- the tiino of its dolivory in¬
tended to bo covered by Prescott’s assign¬
ment; and while it is certain that Edison in¬
tended to convey an interest in theso inven¬
tions to Prescott, the utmost that can bo said
for Harrington’s claim is that an ingonious
construction may porhaps raise somo doubt
whether lie did not intend to convoy an inter¬
est to Harrington.
On the other hand, to decide in fnvor of
Harrington, makes it necessary to try two im¬
portant questions, which can nowhere be per¬
fectly tried except in a court.
1«/ Question of Imxo. — Is the writing of 1871 an as¬
signment at all, capable to pass the legal title
to specific inventions; or cnpablo to do more
limn give a cause of action for damages or
specific performance if the titlo remains (ns is
not the case) capable of being conveyed in-
tact by llio contracting party ?
(Note.) — It sccn.s H. and E. have so con¬
strued that paper since they havo passed and
recorded a specific assignment for each inven¬
tion as it was born.
%il Question of Fact. — Whether, considering the paper
in proper form to operate as an assignment,
the patents in question are, in fact, within
the description of inventions which it pur¬
ports to convoy- V
VI.— Letters patent should issue lo Edison k Pres¬
cott, in accordance with their joint request of August
19, 1874.
J. Huw.ky Asutox,
GiIOSVF.N'OI! PottTKIt IiOWttEY,
Boscoi: Con-ki.ixg,
Counsel for tlio Petitioner,
George 13. Prescott
APPENDIX.
PATENT LAWS.
Section 38, Aot 1870.
Patents tnay be granted and issued or reissued to
the assignee of the inventor or discoverer- — the assign¬
ment thereof being first entered of record in the Patent
Office; but in such ease the application for the patont
shall be made, and the specification sworn to by the
inventor or discovcror, and also, if lie be living, in ease
of an application for reissue.
Sec. 4,895 of Rev. Statutes.
Patents may bp granted and issued or reissued to
the assigneo of the inventor or discoverer ; but the as¬
signment must first bo entered of record in the Patent
Office.
And in all cases of an application by an assignee for
the issue of a patent, tho application shall be made
and tho specification sworn to by the inventor or dis¬
coverer.
Agreement— Edison and Ha«bin(Iton, dated
Apiiii. 4, 1871.
Whereas, I, Thomas A. Edison, of the oity of New¬
ark, Stale of New Jersoy, for certain valid and valu¬
able considerations to me in band paid, and in further
consideration of certain covenants and stipulations to
be fulfilled by George Harrington of Washington, Dis¬
trict of Columbia, did stipulate and agree to invent
and construct lor the said Harrington full mid com--
plete sets of instruments and machinery that should
successfully and economically develop into practical
use the Little or other system of automatic or fast
system of telegraphy, and subsequently to improve
and perfect such instruments and machinery by adding
thereto from timo to time such further inventions ns
experience should demand and my ability as nil inven-
tor and electrician might suggestand permit, ami further¬
more, to prepare or cause to bo prepared, the necessary
description pnpors, tho model and drawings requisite
to obtain patents for all suoli inventions and improve-
inentB, the said inventions and improvements to bo the
joint property of the said Harrington and myself, and
the patents to be issued to the said Harrington and
mysolf in tiie proportionate interest of two-thirds to
said Harrington and one-third to mysolf; the whole
to be under the solo control ol said Harrington, to bo
disposed of by him forourmutral benefit in tho propor¬
tions hereinbefore recited, in such manner and to such
extent ns ho, the said Harrington, should deem advis-
84
able, with power to sell, traiisfer and convey the whole
or any part of tho rights and titles in and to any or all
of said inventions and improycmenis as also of the
patent or oilier rights arising therefrom. And the said
Harrington having faithfully fulfilled all of the cove¬
nants and stipulations entered by him :
Now, therefore, bo it known thnl, in consideration
thereof and of the sum of ono dollar to me in hand paid,
I, Thomas A. Edison, of the city of Newnrk, State of
New Jetsey, do, by these presents, hereby assign, set
over and convoy to him, the said Harrington, two-
thirds in interest of all my said inventions, including
therein all my inventions of mechanical or copy¬
ing printers, and of all the patents for all such inven¬
tions and printers, whether already issued, applied
for, or to be hereafter applied for, mid or all and what-
soever ol my inventions ntul improvements made or to
be made, and ot all the patents that may be issued
• therefor, that are or may be applicable to automatic
telegraphy mechanical printers.
And whereas, I am desirous of obtaining the co¬
operation and assistance of the said in disposing of
of my said one-third interest ns before recited, and for
die purpose of united and harmonious action in nego¬
tiating for its use or ils sale mid transfer by'
- to others in conjunction with his own mid
in such free and unrestricted manner as will
tend to success, and for the sum of one dollar to me in
hand paid, the receipt whereof is hereby acknowledged.
Now, therefore, bo it known, that I, Thomas A. Edison,
ol tlie city of Newnrk, State of New Jersey, have con¬
stituted and appointed, and by these presents do consti-
tutc and appoint, George Harrington, of the city of
Washington, District of Columbia, my true and Inwful
and only attorney irrevocable, with power to substi¬
tute for n,o anfi j„ ,lly Wllllej mil) in sucU mnnnor I1S |l0
may think best, to sell, transfer, mid confer all of tny
rights, titles end interest in and to any nud all of my
said inventions and the improvements thereto, whether
made or to bo made, and to sell, transfer and convey
all my rights, by patents or otherwise, nrising there¬
from already mado and obtained, and all snob as may
hereafter mado or obtained, mid to oxebuto in full
any or all tho necessary papers and documents requi¬
site fertile transfer of title, mid to invest in otiier par¬
ties full and legal ownership therein, hereby divesting
myself of and interesting him, the said Harrington, with
all the powers necessary in the premises, fully and com¬
pletely to carry out tho purposes and intentions here¬
in set forth, hereby fully, confirming all that my said
attoraoy may or shall do in the premises ns fully ns if
done by me in person, nnd requesting the Commissioner
of Patents to recognise him as such attorney.
Ill witness whereof. I have hereunto set my hand
and affixed my seal, in the city of Newark, this fourth
day ol April, eighteen hundred and soveuty-oue.
. T. A. Edison, [seal.]
In presence of
A. D. ComittN,
A. B. Candkk.
Assignment — Edison to Pkescott, dated August
10th, 1874
A. tnJen of agreement made and entered into this
nineteenth day of August, A. D. 1874, by and between
Thomas A. Edison, of Newark, in the Slate of Now
Jersey, and George B. Prescott, of tiio city and Stato
of Now York.
Witucssoth : Whereas said Edison has invented cer¬
tain improvements in duplex telegraphs for which lie
has executed or is about to execute applications for
letters patent of the United States, nnd such nppliea
boas are numbered 04, 05, 90, 97, 08, 90 nnd 100, nnd
are dated August 10, 1874, mid said Prescott is entitled
to an equal interest in the same and others hereafter
Mentioned.
_
Therefore, in consideration of the promises, and the
sum of ono dollar in hand paid, the roceipt-whereof is
hereby acknowledged, the said Edison has sold and
assigned, and does hereby set ovor and convoy unto
the said George B. Prescott, one undivided half part
of the right, title and interest, of every character, in, to
under, and connected with, oaeh and all the aforemen¬
tioned inventions and loiters patent on the same, when
granted, and authorizes and requests tho Commissioner
of Patents to issue tho said letters patent to Thomas
A. Edison and George B. Prescott, as the assignees of
said Edison, for the use a.id behoof of themselves, nud
their legal representatives. And whereas the said
liaison l,as ttlso invented otlusr improvements in duplex
telegraphs, tic 1 , t o of which have been lo.l-.ed
with George if. Phelps for the purpose of models bo-
ing constructed, it is hereby agreed that such inven-
tioiiit are included in this present agreement, and that,
when the applications for patents are made, the patents
to be granted in accordance horuwith, and that the said
liaison slmll sign the required papers therefor.
Tins transfer is made on tho following terms and
conditions, winch arc hereby made part of the consid¬
eration in the premises.
First. That liotli of the parties shall have an equal
undivided interest in all letters patent of the United
fatales, or of any foreign countries, which tuny be granted
for nil or any of said inventions, or of any future im¬
provements thereon made, by cither party, anil of all
extensions and reissues of any such lettcre patent.
Second. That whereas, Edison lins heretofore ex-
pended $1126 for models anil patent fees, the benefit
of which lie contributes to tho common interest, and
waives reimbursement of that sum, or of any part of
it; Prescott hereby agrees to pay sololy, and without
contribution from Edison, all tho future expense mid
cost ot specifications, drawings, models, patent oflied
foes and patent solicitors’ and agents’ foes, and nil other
clmiges incident to tho procuring of lottors patont for
any of said inventions.
Third. — Tlmt neither of said parties will sell, assign,
or othorwiso dispose of the whole or any part of his
interest in said inventions or letters patent thorefor,
or any of them, without tho written consent thereto first
obtained of tho other party.
Fourth. — That neither of said parties will himself
manufacture, use or sell, nor grant licenses, nor the
right in any way to any other party, to manufacture,
use or sell, any of tho said inventions, or any improve¬
ments thereof, or any machine embodying, or article
containing, any of said inventions or improvements, or
protected by any of said letters patent, without tho
written consent first obtained of tho other party.
Fifth. — No sale of 0113- of tho said invent
license or right to mako or use tho same.
— lado or given, except at a prico to which both
parties agree 111 writing, and all net profits slmll bo
equally divided botween tho parties hereto.
Suth. — The covenants and provisions of this ngrcc-
aient, binding either of the parties hereto, shall also
hind his executors, administrator, and assigns.
In witness whereof, tho said parties have hereunto
sot limit’ hands and seals, tho da)- and year first nbovo
written.
Thomas A. Edison, [l. a]
_ Gkoiiok B. Pukscott. [l. s.1
Witnesses-^—
ILutor.D Seriieix,
Lejiuei, W. Sehhem,.
Know ull men by thoso presents, that wliorca
Thoinns A. Edison, of Newark, in the Slate of New ,
scy, have invented certain improvements in duplex l
graphs, for which I have executed, and am about
execute, applications for letters patent of the tin
States, and such applications are numbered 91, 95,
97, 98, 91), and 100, and nro dated August 19, 1871.
And whereas, 1 hnvo invented ot
in duplex telegraphs, the descriptions and models
which have been lodged with It W. Serrell, of
city, county and State of Now York, for the pnrposi
obtaining patents.
And whereas, I am the inventor of other impm
ments, relating to duplex ns well as qiindruplcx t<
graphs, for both of wliiuli l am about to innko ap
cation for lettcra patent.
Now, in consideration of one dollar to mo in In
paid, the receipt of which, as well as other good :
valuable considerations, I do hereby acknowledge, I
hereby give and grant to Jay Gould, of the city, com
and State of New York full (and irrevocable) pov
and authority to sell, assign, transfer and set ovcr.ui
.1113 person, persons or corporation, any right, title a
interest in, or to, any or ull of said inventions, or i
provemenls relating thereto, or in, to, or under, 11
letters patent which may be granted to, or at any ti
may belong to me, relating to any or all of s
inventions or improvements; and I do hereby a
givo and grant to said Jay Gould full (and irrevocnb
power and authority to give or grant any license
licenses in, to, or under any or nil ot said letters pate
or in or relating to any or all of said inventions
improvements.
And I do hereby also givo and grant unto said J
Gould full (and irrevocable) powor and authority to
and porform all necessary acts in and about the int
agemout of my interest in said invention or imnroi
meals and lottors patent, and ■ ench of thorn, and
relating to any business that may aviso there
hereby authorising and empowering him to mak
meet business engagements and liabilities, and
and perform each and every not which I or my 1
tors, administrators or assigns might or could do i
lion to the management of all business tninsu
relating to said inventions, improvements or
patent or any of them.
And I hereby authorize and empower the said 1
;o demand, sue for, collect, receive and givo a
mice and releases, in my name or otherwise, I
mills of money, debts and demands whatever,
ire or shall be due, owing or belonging to 111c,
ained from me, by any person or persons, whomse
ind also at any time to commence and prosecute
nd all suits or actions, at law or in equity, ii
lame, for the infringement of said letters patent
Iso to sign my name to any and all papers nece
ir commencing and carrying on said suits or ac
nd he shall have power (full and irrevocable), i
amc, to do and perform every act necessary and
cr, in and about said suits and actions.
I do also hereby authorize and empower the
ay Gould to appoint any substitute or substitut
is discretion, to do and perform all or any of the
eroby authorized, and I do in such case hereby
!r upon such substitute or substitutes each and 1
ic powers which I have hereby conferred upon
ly Gould, or which may by him bo delegated to
ibstitutc or substitutes.
In witness whereof I have hereunto set my hand
al this fourth day of January, one thousand (
indued and seventy-live.
Thomas A. Edison, [seai
In presence of
[The words “ full " and “ irrevocable ” interlincc
re execution.]
Olin J. Clanson,
Abthuk Kinnieb.
Statu or New York, ) ' „
City ami County ot Now York. j SS-
On tliis fourth tiny of Jummry, 1875, before me [>cr-
sonnlly eiime Thomas J. Edison, to mo known, and
known to be the individual described in and who exe¬
cuted the foregoing instrument, and acknowledged that
lie executed the same for the purpose therein men¬
tioned.
Own J. Ci, anson,
[SEAI‘] Notary Public,
N. Y. Ca
Application or Gkoiiok Harrington.
"Washington, .Tan. 28d, 1875. -
To the Commissioner of Patents:
Your petitioner, a citizen of AVnshinglou City, Dis¬
trict of Columbia, prays :
That letters patent may be granted to Tbos. A.
Edison, of the city of Newark, State of New Jersey,
ami to your petitioner, as bis assignee, for the inven¬
tions described as follows :
, . . provemeuts in Duplex Telcgmpbs, .lated
August 10, 187-1, and tiled September 1, 187-1.
. No. 95, ditto, ditto, ditto, ditto.
98, ditto, ditto, ditto, ditto.
97, ditto, ditto, ditto, ditto.
“ °8, ditto, ditto, ditto, ditto;
. 11 99, ditto, ditto, ditto, ditto.
“ 10 ditto, ditto, ditto, ditto.
28tb 1874 liUO’ <ktCtl ^ 14l,1> 1874> antl filed Beet
The assignment and power of attorney to your pc-
l1u,y ^cordc.1 in the Patont Office, May
btlh 1871, in Liber U 18, p. -112, of Tmnsfera of Patents,
Your petitioner therefore prays that the lcltcis patent
lor said inventions mayissuo to himself uud said Edison,
i the proportionate interests of two-thirds to hi
id one-third to said Edison, as provided in said ]
! attorney and assignment
Very respectfully,
George Harmnot
Letter op Thomas A. Edison.
Newark, N. J., Jan. 28d, 18
mimissioncr of Patents :
Sir — There are on tile in your olliee certain ap
ms for patents in my name, as sole inventor, ni
aiied with a request to issue the patents,
lowed, to myself and George B. Prescott
I made this arrangement with Mr. Prescott uml
mucous impression.
On tlic 1st October, 1870, 1 made a copartnc
ntmet with Mr. Georgo Harrington, and on tin
|>ril, 1871, in furtherance thereof, 1 made to hii
ligament, coupled with an irrevocable power of
y, reciting the main provisions of the contract,
which are still in full force and effect, whereb
ulrol of these inventions wits placed in the hail
it Harrington.
Under and 113- virtue of this power ot attorney
ligament therein, Mr. Harrington claims titl
;sc inventions, and objects, ami has objected, tc
nation from the said assignment and power o
ne3'. I therefore withdraw 1113' request for the
patents for Duplex and Qi 1 1 1 t ssi
ison and Prescott, and unite with George Uar
in his petition, this dty filed in your office, rcq
; the issue of the letters patent to Geo. Hnrrin
1 nyself, iu the proportions set forth in the powi
nney and assignment of April 4th, 1871, uud
itrnct therein recited.
Respectfully yours,
■Appeal of Edison and Harrington from the
(Decision of the Commissioner of (Patents
of March soth, i8j j, to the Hon: the Sec¬
retary of the Interior.
Argument for Mr. Edison.
In flic printed argument of Messrs. Colliding and low-
cry, on “ die just limits of die Secretary’s legal power over
decisions of the Commissioner of Patents,” it is conceded
(pp. 9, 10) that it is the. duty of the Secretary to refuse his
signature to a patent which the Commissioner hns ordered
to be issued, whenever the Commissioner hns exceeded his
jurisdiction — that the Secretary lias “ a practical veto power,
to he exercised in case of fraud or excess qf jurisdiction.”
We proposo to show that tho Commissioner hns in this
enso exceeded his jurisdiction.
1. Tho Patent Act does not authorize the issuo of a pat¬
ent jointly to the inventor and an assignee of a part inter¬
est in tho invention, and, therel'oro, a pntent enunot bo
legally issued in that form, unless by tho express unrevoked
authority of tho inventor at tho timo of such issue — which
authority was wanting in this case.
2. Tho act does not authorize tho issue of a patent to
joint assignees, wlioro thoir interests under tho assignment
lire not tho same ns tho joint patent itself would import
thorn to bo on its face. And no nssigneo claiming under
au assignment sul’niodo can demand the issuo of tho pntent
to himself by tho moro forco of such assignment. .
3. l’lio Commissioner cannot issue n patent to the in-
venlor and an assignee jointly, when tliero is no aj>j)lica-
lion pending in the Patent Ofiico for such issue.
The pending application boing for a patent to Edison
and Harrington jointly (the former application having been
withdrawn), the Commissioner has no jurisdiction to issue
the patent to Edison and Prescott.
As to the Issue of a Patent where a Share of
the Invention or some Partial Interest in
it has been Assigned.
In tho argument boforo tbe Commissioner of Patents,
Mr. Doubling took the objection that tho assignment of 4th
April, 1871, to Harrington, could not possibly entitle him
to demand the issue of the patents to liinisolf and Edison
jointly, because the statute authorizing the issuo of a patent
to an assignee is eon fined to a case where the whole, and
not a part merely,' of tho invention is assigned.
This objection was not noticed by the Commissioner,
although, ill the concluding paragraph of his opinion, 1m
adverts to tho question “ whotlicr tho assignment to Pres¬
cott is in such form ns to authorize tho Commissioner to
issue tho patent to Edison and Prescott as assignees of tho
former.” Ho does not state what objection (if any) was
mndo to tho form of that assignment, but says it is in tho.
words of tho form sent out by the Patent Office, and that
should bo doomed bnffleient, “ in the absence of any decision
by a higher tribunal invalidating pntonts thus granted.”
It is not probablo that tho Courts will decide that tho
issue of a patent to nii inventor and another as his nssigneo
of part of the invention is invalid wlion it is so issued at tho
inventor’s request, coupled with that of tho nssigneo. If
may bo presumed that it hits never been dono without such
request.
Mr, Conkling refers to a supposed chango made by tho
Revised Statutes in the wording of tho Patent Law, relat¬
ing to tho isano of pntonts to assignees. Ho snys that tho
revision has changed “assignees” to “assignee;” but adds
that the singular may bo construed to mean plural. lie is
mistaken as to tho revision, for tho act of 1870, see 33, has
the word “ nssigneo,” and tho revision is tho same. The
word “nssigneo” may, however, ho read to menu “nssigneo
orassignecB” — this not being like a penal statute, which is
to he construed strictly. When tho whole of. tho title to
the invention m assigned to two or more, that titlo is vested
in an “assignee,” within the meaning of tho net.
Mr. Conkling refers to the opinion of Attorney Gonernl
Mason, to whom the question was referred by the Secretary
of State, ns to the meaning of the clause in the act of 1S37
in relation to the issuo of patents to assignees. And Mr.
Conkling also refers to the opinion of Attorney General
Black on tho same question, to sustain the point that no
statute authorizes the issuo of the pntonts to Harrington
and Edison, under the assignment of 1871, because in that
instrument, in any view of tho case, there is not an assign¬
ment of tho whole, but only an assignment ot two-thirds oi
the inventions, the remaining one-third being in Edison,
tho assignor.
Tho distinction botween an assignment by Edison ot
one-third to himself and his retention of one-third, has not
a very substantial appearance. And if tho assignee claim¬
ing the issue of the patent to himself must bo assignee ot
the whole, then Prescott had no standing before tho Com¬
missioner. Now, Mr. Conkling’s argument is to tho effect
Hint a patent cannot bo issued to the nssigneo of part of the
interest in tho invention— that the assignment must bo of
the wiiolo of the interest. And ho insists on a formal dit-
fereneo between tho assignment of 1871 to Harrington and
that of 1874 to Prescott, the latter boing an assignment to
Prescott of one-half, and an assignment of the other halt to
tho assignor, Edison, .whereas the assignment to Hariing.
ton was simply of two-thirds, leaving one-third in' Edison.
Although tho assignee of a part of nil invention holding
under nil assignment iiindo after the invention was per¬
fected and before the issue of tho patent, holds the legal
title to such portion of the invention, and will hold a cor-
rcspoiiding title in tho patent, it docs not follow that lie is
entitled to the issue of the patent in his own name jointly
with that of tho inventor. The right of an assignee to de¬
mand a patent in his own name was first given hy the Act
of 1837, hut heforo the passage of that act tho assignee of
an invention heforo patent granted, but after tho invention
was perfected, took the legal title to tho extent of the as¬
signment, whether in tho whole or in port (Gaylor v. Wil¬
der, 10 How. 477).
The Rules of Practice in the Patent Office.
Rule 2. “ In caso of an assignment of the whole inter¬
est in tho invention, the patent will issue to the assignee
upon his request ; and so, if the nssiguce holds an undi¬
vided part interest, tile patent will, upon his request , issue
jointly to him and the inventor; hut the assignment must
first have been entered of record, and nt a day not later
than the date of the payment of the filial fee, and the appli¬
cation- must he duly made and tho specification sworn to
by tho inventor.”
Rule 09. “ When an assignment of the wliolo or an
undivided interest in an invention has been made and duly
entered of record in tho Patent Offico, tho patent will, upon,
tho request of the assignee, issue directly to him, or if ho
hold but a part interest, to him and the inventor jointly.”
Rule 100. “ In every enso whore it is desired that tho
patent shall thus issue to an assignee, tho assignment must
bo recorded in the Patent Office, nt n date not later Ilian .
tho day on which tho final fee is paid.”
Rule 101. “'Wiion tho patent is to issue in the iiauio .
of tho assignee, tho entire correspondence will bo with him
or his authorized agent.”
These rules do not recognize the distinction drawn by
Mr. Conkling between tho retention of a share by the as¬
signor and an assignment of such slinro hj himself to him-
tdf.
There may ho no objection to tho issue of a patent to
the. inventor and others joined with him, when tlint is done
by the full and unrevdked authority of tho inventor. That
appenrs to bo the practice of the Patent Olficc.
.The rules of tho Patent Offico do not ignore the point
tlint an assignee of a part of tho patent cannot demand the
issue of a patent to himself and tho inventor jointly under
the provisions of the act giving an nssigneo the right to the
patent. Those rules are intended merely to provide that
tho patent may bo issued to tho inventor and an assignee
of a part of tho invention jointly when not only the as¬
signee, but the inventor also requires such issue in that
The Rules of the Patent Office are binding in certain
Rises (see Lnw’s Digest, 027, title “ Rules of Patent Office ),
but they are of no weight in this question, tho Patent
Office having no authority to determine what are the loga
rights of an assignee of a part of an invention.
Revocation of tho Authority to Issue the Pat¬
ent to Edison and, Prescott.
Prescott’s counsol linvo assumed that as Edison filed an
application for a patont, and made tho oath required, and
oxecutcd an assignment to himself and Prescott, which was
duly put on record, all tho requisitions of tho law wore
complied with which wore made conditions precctlen
tho establishment of his right ns joint assignee, and conse¬
quently, that Prescott acquired a vested right to tlio is
of the patent undor tho assignment in tho form presen e ,
and could not bo divested of that by the act of Edison
Wo maintain, on tlio contrary, thnt Edison could with¬
draw the authority which ho had given to the Patent
Office — being linblc, of course, to an action by Prescott if
such withdrawal should prove to. bo without good cause.
Tlio question is whotber the nssigneo of pnrt of a patent
can demautl the issuo of the patent to himself jointly with,
tlio invontor when tlio invontor objects to it at the time of
tho proposed issuo, whatever may hnvo been his wishes
previously.
Wo concede that although tho assignment is not nintlo
to a singlo nssigneo but to several persons, tlioy am jointly
demand tho issuo of the patent to them after the inventor
lms made tho ontli and filed tho application for the patent
as required by the net. But all the assignees must join in
that application. If one of them withdraws his application
for the patent, it cannot be issued.
Tho word •' may,” in section 33 of the Act of 1S70,
menus that if tho assignee applies for tho pntent it may ho
issued to him, otherwise it will he issued to tho inventor.
That section, howover, does not spent of tho “ request ”
referred to in tho Rules — tlio request by tho assignee thnt
the pntent shall bo issued wholly or partly to him (as tlio'
.case may bo). Tho net speaks only of tho application by
the inventor for tlio patent, accompanied by his oath.
There must ho an application by tho inventor for tlio pat- .
ent actual!’/ pending, and the “ request” mentioned in tlio
Rules nf the Patent Office (Rules 2 and 00), is necessary to
set tho Pntent Offico in motion in favor of tho assigaeo,
and, of course, suqh request may bo withdrawn.
In the present case, tho application for tho joint patent
was withdrawn by Edison giving notice of such withdrawal
to tho Commissioner by letter dated January 23d, lb76.
Another application, dated tho saino day, was filed by Har¬
rington for patents to bo issued to himself and Edison.
Thoro is no application on file for tho issuo to Edison nloao,
and there is no subsisting application on which tho patents
can be issued to Edison and Prescott. Consequently, tho
patents cannot bo legally issued to Edison and Prescott
■ Where thoro nro two assignees, if they will not join in
an application for the issue of the pntent, or if after they
have inndo tho application one of them revokes his request,
the patent must bo issued (if nt all) to the inventor. And
wlton so issued, it will inure for the benefit of the assignees
according to their respective interests, and they will take
the legal title to the patent, so as to bo nblo to maintain
actious for infringement.
With respect to the revocation by Edison of his request
to hnvo tlio patents issued to himself and Prescott, it is very
different from an effort on tho pnrt of the inventor to defeat
tho legal effect of nn assignment of a patent, or of part of it.
Of course, timt cannot bo done.
Tiie opinions of tlio Attorneys General referred to by
Mr. Conkling nro clearly correct. A patent cannot bo is¬
sued to nn nssigneo and the inventor jointly, unless indeed
by the consont and authority of the latter. And it follows
that if siteli consent bo given, it may be withdrawn before
it is acted upon.
This right results from the very nature of tho request.
Whenever ono is requested to perform an net for the bene¬
fit of another, tho request may bo withdrawn before it is
heted upon. It is like tho dissolution of an agency by the
revocation of tho principal, which may he exorcised at the
mere will and pleasure of tho latter, for, as observed in
Story on Agency, see. 403, “ sinco the authority is conferred
by his uioro will, and is to be executed for his own benefit
and his own purposes, the agent enniioL insist upon acting
when tha principal has withdrawn his confidence, and no
longer desires his aid. This is so plain a doctrine ol com-
mon souse and common justice, thnt it requires no illustra¬
tion or reasoning to support it.” Sec, also, 2 Kent’s Com.
Tho right of Edison to revoke his authority to issuo tho
patent to himself and Prescott jointly is not nilbcted by tho
fact that Prescott may have paid the patent fees on the ap¬
plication for the patont, and the fees of patent agents, and
that in the contract of 19th August, 1S74, Edison, for a
sufficient consideration, agrees to authorize, and docs au¬
thorize, the Patent Offico to issno tho patent jointly to
himself and Prescott. Edison may bo linkle in damages
fora breach of contract in revoking tlio authority, but the
authority of the Commissioner does not tho less fail when
Edison withdraws it. The question tlion is for the eonrts
to decide between Edison and Prescott, whether the author¬
ity has been rightfully withdrawn. If wrongfully with¬
drawn, Edison may bo responsible for damages.
The Patent Office hnving no legal authority under the
act to issue a patent to tho inventor and his assignee of a
partinl interest, such issue is entirely dependent on an au¬
thorization of the inventor, irrespective of, and in addition
to, the assignment. It follows, therefore, tlint, if that au¬
thority bo withdrawn, tho patent cannot bo so issued. The
assignment is tho only instrument tlint is binding in the
Patent Office.
Tho authority of the Patent Office to issue the patent
to an assignee depends, not on the assignment alone, hut
on the application of the inventor for the pntent, and the
request of the assignee for the issue of tho pntent to himself,
which is not referred to in tlio act, but which is necessarily
implied.
Opinions of > Attorneys General Mason and Jitach ■
The opinions of Attorney General Mason and Attomoj
General Black wero given upon tho act or 1837, which au¬
thorized the issue of a patont to “ assiynces.”
The opinion of Attornoy General Mason, July 7th, 1845
(Opinions of Attorneys Gonoml, vol. 4, p. 899): “Patent*
for inventions cannot issno to inventors and assignees of'*
partial interest jointly, but may issuo to assignees of the-
wholo interest. No provision 1ms boon mndo for the issue
of a patent for a part of an invention to the inventor anil
for tho other part to liis assignee.”
“Tho act of 1836, sec. 11, made patents assignable in lnw
either ns to the whole interest or any undivided part thereof,
and required the assignment to bo recorded. This power
of assignment, however, applied only to the patent, and not
tlio right to sue ont the patent.”
: “ The practico under this not (the act of 1837) has been
to coniine it to eases within its torms — to cases of assign¬
ment of the whole interest. It appears to mo very clear
that tho section was framed in view of such ensos only.”
lie further Observed that the not of 1836, see. 11, em¬
braces cases of pnrtinl assignments, but that the 6th seetiou
of tho act of 1837 is confined to eases of assignment of the
whole right, and he thinks that a patent issued otherwise
might bo hold contrary to lnw. “ The net of 1837 does not
impair the equitable rights which an assignee, before issue
of patent, had, nnd his interests will be protected by tho
Courts.”
Opinion of Attorney General Black, November 2Sth,
1859; Opinions of Attorneys General, vol. 9, p. 403, fur¬
nished to tho Secretary of State.
Tlio inventor Agcr npplied for tho patent to bo issued
to himself. "Woolf and Jordan, assignees of Agor, claimed
the issue to them.
Tho opinion is : “ Whore tho inventor of n new machine,
before a pntent issues, makes a full nnd complete assign¬
ment of all his right to another porson, tho nssigneo may
have the patent issned in his own name.”
" But where tho transfer or assignment of tlio inventor’s
right is only partinl, although tho part oxeopted bo very
small, I do not think that the nssigneo lias any claim to tho
■ patent. He must allow it to go out in the name of tho in¬
ventor, and bo held by him in trust for tho uso of tho ns-
signoc,.to tho extent of the equities which ho lias by virtue
of his contract.”
In Snydam v. Day (2 Blatch. 20) it was hold that, un-
(•er the Pntent laws of tho United States, an nssigneo of a
patent must lie regarded ns acquiring Ins title to it with a
right of action in his own name only liy force of the statute.
In Law’s Trcntiso on Patents, p. IfiO, ami in his Digest
of Patent Cases, these opinions of Mason and Black are re¬
ferred to, and no mention is made of any adverse authority.
It will bo observed that tlio act makes it a condition
precedent to the issue of a patent to an assignee tlmt the
assignment shall bo recorded. And the only assignment
which it authorizes to lie recorded is mi assignment embrac¬
ing the whole interest.
The Patent Act contemplates a written instrument,
signed by tlio owner of the patent, nnd duly recorded in
the Patent Office, ns necessary to vest the legal titlo in tlio
purchaser (Ashcroft v. Walworth, 2 Oft'. Gnz. Pat. 540; 5
Fisher, 528; nnd see Baldwin v. Sibley, 1 Clilf. 150).
If there he mi assignment of one-third of an invention
on the condition that ucithor should nliennto without the
consent of the otlior, nnd the patent should bo issued to the
assignee nnd inventor jointly (tlio usual form), the legal
rights of the patentees under the patent would not corre¬
spond with their actual rights under the contract between
them. Under tlio patent, they would bold in equnl moieties,
nnd either of the patentees could, without tlio assent of
the other, give full titlo to anybody to uso the invention
(Olum v. Brower, 2 Curtis, 524:). "When, howover, the ill;
ventor nnd assignee of part join in asking for tlio issue of
the patent to themselves jointly, they are contont to bo left
to execute further assurances accurately defining their re¬
spective rights, and limiting their respective actions in re¬
gard to the patent. But certainly, without such authority,
the pntont could not be so issued.
As to tlio Legal Effect of an Assignment by
an 'Assignor to Sims elf.
Tlio distinction contended for botwcon tlio retention of
a part of the invention by tlio inventor and an assignment
of it to himself cannot bo sustained.
If ono desires to niuko another joint owner witn uim-
tclf of a piece of property, ho conveys the partial interest
io the other party ; ho dees not convey his own share to
himself — that ho retains. Or he conveys to a third party
in trust to recoil voy pnrt to himself, nnd to transfer tlio re¬
mainder to tlio third pnrty.
It is n solecism to speak of nil assignment by ono to
himself. Sco definitions of ‘‘-assignment ” nnd “ convey-
iincc,” AYlinrton’s Law Lexicon—1 “ ‘ Assignment,’ n trans¬
ferring or sotting over to another the interest which a
person possesses in anything (2 Bln. Com. 320).” “ ‘ Con¬
veyance,’ an instrument which transfers property from ono
person to nnothcr.”
Suppose a patent to bo owned by a married woman,
will the assignment of that pntont by the husband to him¬
self be a reduction of tlio patent to his possession and own-
crsliip 60 ns to deprive the wife of her right to it iu cose o
her surviving her husband ? Certainly not. It would bo
no assignment nl all ; it would lie a merely nugatory act.
4 Kent’s Com. 134, “The husband, upon marriage,
becomes possessed of the chattels real ot the wife, as eases
for years, and the law gives him power without her to sell,
assign, mortgage, or otherwise disposo of tlio snmo ns lie
pleases by uny act in his lifetime.”
If he disposes of a part interest in the term, that would
not deprive the wifo of her right to the remainder ns sur¬
vivor. And query whether the partial assignment would
bo cil'ectiinl kt all as against her. - .
The practice of conveyancers when the assignor desires
to retain an ihtorest in tlio thing assigned, under a new
title «» aesifjnee, is to make an assignment to a trustee.
Tims, when a person entitled, in right ot his wi e,
chattel real wants to rcduco'it into possession so as
off bis wife’s right as survivor, he makes an assignment to
a trustee in trust, to reassign (Coppmger’s Precedents in
Conveyancing, title “ Assignment ; ” 1 Orabb s Piet. 42 ).
A change has recently been made iu England by act o
Parliament in respect to tho form of assignments of per¬
sonal property and chattels real where it is dosired that tho
assignor shall Imre or retain some interest. This serves to
show that, but for such cnactmont, there could bo no rnlid
assignment by ono to himself.
Woodfall’s Landlord and Tenant, 10th Anioricnn edi¬
tion. 1871, pago 202.
“By 22 it 23 Viet. chap. 35, sec. 21, ‘Any person shall
lmvo power to assign personal property now by law assign¬
able, including chnttols real, directly to himself and another
person, or other persons or corporation, by the like means
ns bo might assign tho same to another.’ Therefore,
upon the appointment of a new trii6tco of leaseholds and
personal estate, the continuing trustees may assign tho
trust property direct to thomsolves and the new trustees
jointly upon the trusts of tho settlement, whereas formerly
an assignment und reassignment wero necossnry to effect
this object.”
Ho net authorizing the issue of .n patent to nn assignee
of nn invention, does not apply to a enso when tho assign¬
ment is not absolute, but is aiib modo only. There is nn
established distinction between nn absolute assignment oi
ter enso, the assigiieo having only a mb mot/o assignment,
is not, in legal contemplation, nn assignee of tho patent,
and, therefore, cannot bring nn action or suit ngniuet in¬
fringers (see Brooks v. Bynin, 2 Story, 643 ; 'Washburn v.
- Gould, 8 Story, 102 ; Troy Factory v. Corning, 14 llow.
210 ; Curtis on Patents, see. 105).
In the present case tho assignment of a moioty of tho
invention by Edison to Prescott is a qualified assign-
meat; i.e., it does not vest in Prescott tho right ’and title
ot an absolute assignee, 'but provides that ho shall have no
power to dispose of tho thing assigned without Edison’s
authority. Such a modified assignment or partial and
qualified disposal of a shnro of nn invention, lncks one of
Unessential qualities of ownership, viz., thoy'iM disjponendi ,
and cannot authorize the issuo of a patent on the faco of
which Prescott would have the lognl title jointly with Edi¬
son, absolutely without any qualification whatever, and
bv virtue of which ho (Prescott) could grant valid licenses.
; It may be said, howovor, that Edison would not bo
prejudiced by tho fact that tho patent, on its face, makes
Prescott absoluto owner of n moiety of the patent, bccauso
the assignment of 19th August, 1874, to Prescott, which is
recorded, shows the contrary. That restriction depends
upon h mere contract. And it raises tho question whether'
the record of that instrument is notice ns to which it is to
boobserved that tho recording of an assignment of an in¬
tention which has been already perfected, is recognized
and implied! g authorised by the provision of the patent
Iswwliich requires it to be recorded before the patent can
bo issued to tho nssignee. Tho act (sec. 33) does not in any
way recognize nn assignment of a share of an invention,
nor docs it recognize nn assignment of tho whole of the in¬
vention subject to restrictions and qualifications. Such an
assignment docs not entitle tho nssigneo to demand the pat-
Any purchaser from Prescott, if tho patent should be
. feoed to him and Edison jointly, might rely on the patent,
sod would be undor no obligation to search the records of
tbc patent office for contracts affecting Prescott’s title, as
%n by tho patent, and limiting tho manner in which the
ownership of the cxpccto 1 patent should bo exercised.
.' '•Tho recording of nn instrument not authorized by law
to bo so recorded, is wholly inoperative, mid is not avail-
»Mo to churge anybody with notico (seo tho Inst American
■ eitnlton of Sugdcn’s Vonders and Purchasers, ed. ot 1873,
ip'fltll, noto g, and tho • numerous American cases there
c't.«l i 1 Story Eq. Jur. secs. ' 403, '404 ; 4 Kent’s
(Utb cd.) 174.) A moro licouso undor a patent need
nobbo recorded (2 Story, 541 ; see, nlso, Curtis on Patents,
■ - r.
6cc. 183, note 2). “ Wo Imvo Boon tlmt ft contract of sale
of n future invention, although in tcnn» nn absolute sale,
enn opornte only ns a contract to convey, nml tlicro is no
Btntnto which contemplates or requires tho recording of nny
conveyance excepting assignments of existing patents idler
patents lmvo been obtained, or assignment of inventions
made and perfected, wlion it is intended to lmvo the patent
Tlie act giving the nssigneo of nn invention tho right to
Imvo tliu patent issued in his own name, cannot possibly
rol'er to nn assignment of only a part interest in tlie futuro
patent, especially when that is an assignment tub moth
only.
Tiio distinction bctwcon tho transfer of n partial interest
in n chattel nml an assignment and transfer of that chattel,
is nn established distinction important for ninny purposes.
Tims, wliero a lesseo transfers a part interest in his lease,
keeping a reversion, the holder of such part interest is not,
in legal contemplation, nn assignee of tho lease, and eonsc-
picntly lie cannot bo sued by the lessor on the covenants
of the lease, there being neither privity of cstnto nor priv¬
ity of contract.
If a los6co disposes of tlie term granted to him, reserv¬
ing any portion thereof, however small, the instrument
will operate ns an underlease, not as an assignment. Thus,
if the lessee reserves to himself only the Inst dny of the
term, the assignee of tho rest of tho term is not tho as¬
signee of the lease (Davis v. Morris, 30 N. T. 509 ; Tay¬
lor’s Landlord & Tenant, cd. 1873, sec. 10). And n cove¬
nant not to assign a lenso is not broken by tho granting of
nn underlease.
The issue of tlie patont to Edison nnd Prescott jointly
would givo Prescott the logal titlo to a moiety of tho
patent without nny qualification, but if tho patont bo issued
to Edison alouo, tho titlo of Prescott will then rest ujion
tho assignment to him of a moiety inado beforo the issuo
legally issued to Edison and Prescott jointly. And tl
Ike Secretary should suggest a rehearing of tlio enso bef(
tlie Commissioner on tho points presented above, a
irhich were not brought to tho Commissioner's notice.
Wh contend that tho matter should bo left undispot
if by tho Commissioner until ho shall lmvo a proper 1
plication beforo him for tho issuo of tho patents to Edit
R. W. RUSSELL,
Of Counsel for Tuos. A. Euisi
Now York, May 4th, 1875.
35rt the 'sJPoicnf dDjficc.
ARGUMENT ON BEHALF OF EDISON.
As to the Issue of Patents to Assignees.
Tho Act of 1837, see. 6, enacted “Timt any patent
hereafter to bo issued may lie made and issued to the as¬
signee or assignees of the inventor or discoverer, tlio assign¬
ment thereof being first entered of record, and the appli¬
cation therefor being duly inndo and tlio specification duly
by tho inventor."
Patent Act of 1870, see. 33, “ Tlmt patents may be
granted and issued, or reissued to l\\a assignee o( tlio in¬
ventor or. discoverer, the assignment thereof, &c. (samo as
in above net).
Revised Statutes of tlio U. S., 1875, page 055, see. 4895,
Patents may be granted and issued, or reissued to the
assignee of tho inventor or discoverer, but tho assignment
must first be entered of record in tho patent office. And
in all cases of an application by an assignee for tlio issno of
a patent, tlio application shall bo inndo and tho specifica¬
tion sworn to by the inventor or discoverer.”
, Tho act gives the assignee tlio right to demand tlio
issue of the patent to himself, when ho 1ms recorded; his
assignment, and tho patentee has filed an application for
tho patent, and has duly sworn to tho specification. . And
tho assignee can domnnd the issue of tho pntont to hunsolf
in such case, oven although the inventor may demand the
issuo of the patent to himself (Opinion of Atty-Gcn. Black,
vol. 9 ; Opinions of Attys-Gen. pago JO.'!, Nov. 28, 1859),
Meaning of the ‘ward “ may."
The word “may,” in see. 33 of tho Act of 1870, find
the 6nmo word in the Revision of 1875, means “shall,”
when the inventor has complied with tho requisitions speci¬
fied and tho assigneo has recorded his assignment and de¬
manded the issue of the patent to himself. Sco cases
whore tho word “may” in a statute prescribing the
duties of public officers has been held to mean “ shall” (1
Kent’s Com. 407, noto (4), 11th cd). Tho assignee has a
claim lie jure that tho power shnll bo exercised. When the
inventor 1ms made tho oath, filed tho spccilication and paid
tho Ice, and tho assignee 1ms recorded the assignment, tho
Commissioner may issuo the patent to such assignee, and
must do so if tho assigneo demands it. In that sense the
act is mandatory. Without that demand, the Commis¬
sioner is not bound to take notice of tho recorded assign¬
ment, but may issue the patent to tho inventor.
Tho proposition is not sustninablo that the Commissioner
is invested with a capricious power in tho matter, so that:
although all the requisites of the law have been complied •
with, and all the rules and regulations of tho oflico duly
observed, ho may, whenever he chooses to do so, refuse to
issue tho pntont to tho legal owner of the invention. • . ft
It may ho suggested, however, that tlicro may bo casia
where the assignee’s title is defective, and Hint tho Coin*
inissioncr hns power in such eases to reject his application.
The answer to this is, that wliero tho assignment is pcrfec|
on its face, and absolute, tho Commissioner should leave tho, ,
inventor to his legal remedies to cnforco his claims as;
agninst such assignment. , :
Ii the assignment hns been obtained by fraud, or hj '
opon to any other objection in a court of law or equity, tjiOj ,;
inventor can obtain redress in tho courts, and in tlifc :
moan time can abstain from applying for tho patent, prifj ,■
he hns applied for it, may withdraw his application. And
if the assignee shall be allowed by tho inventor to obtain
the patent and is not rightfully entitled to hold it, a decree
may be obtained compelling him to convey it to the in-
The principal questions.
The following nre the leading questions arising in this
1. Whether Harrington is, under thu assignment of 4th
April, 1871, an assignee of the invention in question, within
the meaning of the Act of 1S70, sec. 33, assuming that the
instrument, in terms, embraces the invention.
2. Whether Prescott is, under the assignment of 19th
August, 1S74, the legal assignee of a moiety.
3. Whether the Commissioner is bound to issuo a pat¬
ent to nn assignee of nil invention where such assignee hns
had notice of a prior contract hi htvor of another person,
the same not amounting to an actual assignment of the in¬
vention.
4. Whether the recording of such last-mentioned docu¬
ment in the patent office is sufficient notico of its contents
to the subsequent assignee of the invention.
5. Whether tho assignment of 4th April, 1871, docs em¬
brace the invention in question.
0. What aro the rights of tho parlies at law and in
equity, assuming tho assignment to Prescott to prevail as
the only legal assignment at this time?
Remarks on the Commissioner s decision.
The Commissioner of Patents holds that tho assignment
from Edison to Prescott, dated 10tl| August, 1S74, vested a
legal title in Prescott as assigneo of one-half ol tho inven¬
tion in question, which was then ready to bo patented ; and
that tho assignment dated 4th April, 1871, from Edison to
Harrington did not opernto ns a legal transfer of that inven¬
tion, but could only opernto ns a contract to assign tho in¬
vention when it should bo perfected, or tho pntont for it
when it should bo obtained by the inventor. The reason
given for tins decision is that tho invention was not made;
at tho dnto of tho assignment to Harrington, 4th April,
1871.
Tho Commissioner holds that tho inventions were made
at .tho date of the assignment to Prescott, 19th August,
1874. That instrument refers to soven applications for
patents for the invention or inventions ns having been pre¬
pared.
Tho Commissioner further holds that ho has no right to
inquire into and decide tho question whether Prescott is
hound in equity by any provious contracts betwcon Edison
and Harrington affecting those inventions.
The Commissioner gives no opinion on tho question
(whicli ho refers to, p. 17) whether the assignment of 4th
April, 1S71, did, by its terms, embrace the inventions of
tho devices in question for quudruplex telegraphy. It is
contended, on behalf of Prescott, that tho instrument re¬
lates .only to automatic or fast telegraphy nnd certain
printing machinery, nnd that the quadruples system is not
a fast system of telegraphy, within tho menning of tho
phraseology of that instrument (seo this question discussed
port , p ,2a, cl sep)
As to the truo dnto of tho invention, tho Commissioner
concludes that, undor the circumstances, it is to be pro- [
Burned that it was not made as early ns 4th April, 1871, the
applications for the patents not having been filed until'lst
September, 1874, as to six of them, nnd not until 28th De- '
camber, 1874, ns to Ibe seventh pntent. Tho Commissioner
might have given an additional reason for holding that the
inventions wore not mndo as early ns 4th April, 1871, for
the caveat, which lie refers to in his opinion (p. 18), ns tho
first record in tho Patont Office specifically referring to
theso inventions, was filed. in 1873; and ns that caveat
must, in compliance with tho requisition of tho statute, '
linvo declared that tho invention was not thou completed, ' ;
it disposes of ;tho question whethor it was completed ns
early ns 4th April, 1871 — that is, assuming that tho Com¬
missioner is right in his reference to thio caveat ns being a
caveat for tho inventions which afterwards formed tho sub-
• jeet of the applications for tho patents now in question.
Tho Commissioner is in error in saying (p. 18) tlint, in a
court of equity, Harrington will linvo to prove that the in¬
vention was perfected at the dnte of tho instrument under
. which ho claims. On tho contrary, it is well settled tlint a
contract to dispose of a future invention is binding, and will
be enforced in a court of equity against tho inventor, when
. tho contract is not unconscionable (see authorities cited
port, p ./2). And such a contract will also be enforced
against a party having notice of such contract, before ac¬
quiring an ndvorso titlo by assignment from the inventor.
These points will be fully treated hereafter.
The Commissioner errs also in saying (p. 23) that Pres¬
cott, whatever effect may be given to tho contract with Ilur-
■ rington, must, in nny event, take what ho [tho Commis¬
sioner] assumes to be Edison’s one-third of the title to tho
patents.
Tho answer to this is, that Edison, under tho contract
with Harrington, 4th April, 1871, is to have one-third ot
the net proceeds of tho patents — the right to dispose of
Edison’s one-third being given to Harrington, “ the whole
to bo under tho solo control of said Harrington, to bo dis¬
posed of by him.”
Tho Commissioner cites several authorities (p. 24) in
support of his proposition that Edison’s assignment to
Prescott must at all events tnko effect upon Edison’s one-
third of. tho patonts. It is unnecessary to comment upon
those authorities, ns tho fact just mentioned which tho
Commissioner has overlooked, renders thoso authorities in-
applicable; Tho right of Prescott would bo confined to
Edison’s share of tho proceeds of sales made by Harrington,
and this could not give Prescott nny title to tho patent
itself as against Harrington.
Tlio Commissioner laid grent stress upon tin's point as
justifying him in granting the application of Prescott to
hnvo tho patents issued to him and Edison jointly.
Tiie remarks of the Commissioner (p. 22) on the sub¬
ject of estoppel are not pertinent to the case. Tho doctrine '
of estoppel, whether, by deed or in pais, has no applica¬
tion here. If the deed or 4th April, 1871, hud clearly em¬
braced the quadruples invention, and if it had operated
upon a perfected invention, it would have prevailed as a .
legal assignment over tho subsequent assignment by Edi¬
son to Prescott, notwithstanding the fact that Edison might
be estopped ns against Prescott, from denying the subse¬
quent deed to him." It is, therefore, unnecessary to coin- :
ment upon the authorities cited by tho Commissioner on
this point.
The only case cited by the Commissioner (p. 20), for the
proposition that the deed of 4th' April, 1871, was not
oneetual to pass tho title because the invention had not then
been made, and therefore it could operate only as an exec¬
utory contract, is Gibson v. Cook, 2 Blntcli. 144, and that
case, although not expressly overruled, is opposed to more
recent decisions (see post, p./A, et seq., whero this ques¬
tion is fully discussed, with full reference to the authorities). :
Recording.
Prescott’s counsel apparently concede that tho record of
the deed of 4th April, 1871, was notice of its contents to'
1 rescott and all parties concerned (sco Conkling’s argument,1
P- ), and yet it might have been contended that tho
recording of that deed being unauthorized, tho record did
no operate ns notice ,(seo this point discussed, and authori¬
ties cited, post, p. ). \i
Ejuitalle rights.— Power 0f tho Commissioner.
,A® ^ tl'° question whether the Commissioner can look1'
ja. the legai title of tho assignee, ns shown by a ro->'
oided instrument operative as an assignment/
It has boon contended in this case, that tho Cominis
ionor can sco to tho equitable rights of the parties— tlml
io is not bound by tho strict rules of law ns distinguished
rom tho principles which prevail in courts of equity, but
lint, on the contrary, he should treat tho latter ns para
To this it is replied that the nssiguco claiming the issue
f the pntent to himself, must claim under a recorded
’Sigiiinoiit, and that if Harrington lias the l ight in equity
) cnforco his prior contract with Edison, so ns to cut out
lie legal assignee, Prescott, the Commissioner has lie
owor to administer that measure of remedial justice j that,
i tho language of the Commissioner’s opinion, “ho lias
ot the authority of a court to go outside the record (mean-
ig the records of the •patent oflicc) to consider evidence
i to outstanding equities.” Upon this, however, it is to bo
jserved that there may bo cases whore the Commissioner,
deciding upon tho application of an assignee for the
sue of the patent to himself, may have to go outsido tho
cords of the patent oflice. Thus, if there are two eon-
cting assignments recorded, and it is claimed that tho
m last recorded was first executed, I be Commissioner
wild have to receive evidence on that point (see Conunis-
mer of Patents v. Whiteloy, 4 Wall. 37-4).
It is further contended by Prescott’s counsel, that tho
signment of 4th April, 1871, to Harrington, is not nil
sigiinicnt but only a contract, and further, that .t Jo™
it cuibraco the inventions now in question.
Right of assignee.
Suppose an assignment of the whole t tin invdntiou
d been made by Edison to Prescott, and it had been ro-
rded, and Edison had applied for a patent in his own
me, in that caso Prescott could have insisted upon
issuo to himself. Ho would have had tho statutory
[lit to such issue, and tho Commissioner would not bo
itifled in refusing bis demand on tho ground that ho
[Prescott) lmd received notico of n i>nor contract not amount¬
ing to ft legal assignment of the invention to Harrington.
The right of tlio assignee of an invention to obtain tho
issue of tho patent to liiinsolf, dopends upon tho assign¬
ment, not upon the request or direction of tho inventor to
tho patent offico to issuo tho patent to tho assignee. Snell
request or direction is unnecessary — it is not cnllod for by
tho statuto.
1. As to the Legal effect of the tivo Assign¬
ments to Harrington and Prescott,
Tho difference between an assignment and a contract
to assign personal property, clintlcls real, &e., ib well set¬
tled. There can bo no actual assignment of n thing not in
existence; and although it maybe tho subject of n valid
contract of sale, that contract will not pass tho actual titlo
to tho thing sold. Thus, a valid sale may be mndo of tho
wine that a vineyard is expected to produce, or the grain
that a field is expected to grow (t Parsons on Contracts,
edition of 1873, p. 622, and cases thero cited).
Tho rulo that one cannot grant personal property in
which ho lias no vested interest or title, was applied to an
attempted sale of “ all tho halibut that may bo caught by
tho men and crew of tho schooner R., on tho voyngo upon
which sho is about to proceed ” (Low v. Pew, 103 Mass.
347, decided in 1871). That was an action of replevin,
which brought up tho question of title, and it was held that
tho contract did not pass tho title to tho BbIi when caught.
This is a well reasoned opinion with an amplo referonco to
authorities. Tho court observed thnt it is sufficient if the
seller has a potential interest in tho thing sold, bnt thnt n
mere possibility or oxpoetnncy is not tho proper subject ol
a transfer.
A contingent romniudor created by deed or will cannot,
at common law,' bo convoyod beforo tho contingency hap
pons (4 Kent’s Com. 201). But this !b altered by statute
in Now York. Chom in action are not assienablo at com
,n law, but courts of equity protect tho assigneo (2 Bln.
in. 442). An assignment will not, at common law, pass
or acquired property (5 Taunt. 212). Rights not ra¬
ced to possession uro not assignable at common law.
iis has been applied to personal property. Tho reason
signed is thnt it is necessary to prevent maintenance and
igntion.
But theso almost ohsoleto principles of tho common
w luivo no proper relation to tho question now in hand,
int question being wlnit instrument of transfer is an as-
tjnmenl within the meaning of the patent Urn, sect. 33.
Tho question frequently arises as to what constitutes an
isigmnent under tho pntont law, so thnt the assigneo in)
inintnin an action in his own name. Thero inns op
•ords of grant or transfer in the instrument. Tho interest
mst bo transfcrmblc, and must be actually trails cired.
In Nicoll v. Erie R.R. 12 N. V. 121, it was held ti nt
right of tho grantor in a conveyance in fee to re-enter lor
reach of a condition subsequent, is not assigns o P
Licli breach. The possibility of reverter is no «
oupled with an Merest, but a tare htg alone, and
i not embraced in the provisions 1 K. . > * fc\
naking expectant estates in real an perso 11 1
ilienuble.
r„uMr «..i.i XSffA
right of a lessee or his assigns to demand a renewal of h.
lease (Beo Igguldon v. May, 7 East, -3 ). y
certain whether tho right will bo exercised, but it is assig.
ablo with the lease. ..... nf tl
It may also die compared to to '«»•*£
husband in his wifo’s lands, ot which ho y^
ztssstt&zv* ■'» ** * * *
i „.Jir —
band ; none in law until lior dowor has boon assigned. It
lias, however, boon held that a rigiit of dowor was not as-
arguable beforo aetual assignment of tho dower (Green v.
Putnam, 1 Barb. 500 ; Seott v. noward, 3 Barb. 31 ; Moore
v. Mayor of H. Y. 4 Sold. 113). .
But such assignment might constitute a contract to as¬
sign, which would ho enforced.
Tho tenant by tho curtesy initiato has an inchoate right
which may bo convoyed. This initiato estato may- bo sold
on execution, and will pass by an assignment of tho bus-
band s property (4 Kent’s Com. 29 ; 2 Cow. 439; 3 Gray,
Tho following review of the authorities will throw liH.t-
on the questions to ho considered:
In Herbert v. Adams, 4 Mason, 15, it was held by Judge
Story, that an assignment of an invention could be mado
the ...ven ,o„ ,s patented ; that it is a good transfer
of the right of tho patentee immediately upon his obtain-
adverse ’title ’ ‘ “t “ "■°“l<1 be ‘° set up any
of I V' Ct-'U0!1, 1 509> ho],3s the assignee
ofn.i invention (not yot patented) may file a bill in his
ovn name, under sect. 10 of tho act of 1S3C, against a
nSinTtl ’ r t I,nto,,teo’ tor tllu purpose of nn-
P< m“ei t0 him> m,d *» l»>vo a patent
gi anted to such nssigneo. 1
• °toko’ 2 Bintci1- h°> «• wa ,
patent no t'vet” 7 "'ngra,,t of«'ut„ro tenn of a '
patent not yot in esse (an extension of a pa tout! is not tho
of sc™ finrr,01 aY°rrn or w**ln tho sense
ot sect. 11 of the act of July 4, 1830; and tho nVlit in
such an interest whon stipulated for rests only in contract
is
In Rnthhiin v. Orr, 5 McLean, 132, Judge McLean hold
that “an invention of a iniiehiue may as well ho sold beforo
as after tho application for a patent. Tho thing invented
is the property of tho inventor us much so ns tho manu¬
script of an author.”
In Rich v. Lippincott, 20 Journal Franklin Institute,
3d scries, 13, Judgo Grier held that an assignment, though
antecedent to tho patent, is a valid legal assign incut of the
invention afterwards patented in tho name of tho in¬
ventor.
In Gnylor v. Wilder, 10 IIow. 477, in the Snproino
[ Court of the TJ. S., it was argued by Mr. Wobstcr that an
invention is assignable at law. Mr. Oiiyler,e»nfra, argued
that an invention is not assignable independent of tho
; patent law; that, except by statute, the iuvontor has no
right of property in his invention. Tho court, per Taney,
•' O. J., held tlint when the invention in perfected, the in center
. has a right to a patent which is assignable, and that such
an assignment vests in tho assignee the legal title to the
patent when it has boon issued, and that no further or ad¬
ditional assignment is necessary to perfect tho title of tho
■ assignee.
Tho Court say tlint this was the received construction
of the Act of 17tl3 on several circuits, and that it had beon
held that tho action for iulritigeiiicnt must bo brought by
such assignee.
Curtis, in tho latest edition of his work on Patonts
(4th edition, 1S73), section 173, says that the decision of
tho Court in the last mentioned case “ gives a soinowhat
broader operation to tho Act of ISiifi^s^Ct^ll^liijn its
terms appear to einbrnco.” Mr. Gurus hBr^orronoously
assumes that tho decision in question applies to the iesuo
of tho patent to tho assignee. It has no roforcnco to that
subject. That was provided for in tho Act of 1837, which
did not apply to tho enso beforo tho Court.
Tho Court has recently carried tho principle of tho de¬
cision in Gnylor v. Wilder a stage further (soo 10 Wal-
It is inferable from the reasoning of the Court in Gay-
lor v. Wilder, that an assignment of a partial interest in
the completed invention and expected patent therefor,
would vest, on the dolivory of the assignment, the legal
title in the designated portion of the invention in tho
assignee. The Court treats a completed invention ns prop¬
erty assignable at common law. But it is to ho observed
that nnder the Act of 1830 such assignee, whether of the
whole or part of the invention, would have no right to de¬
mand tho issue of tho patent to himself. Dor did the Act
authorize the recording of an assignment of an invention
not yet patented. That right was first created by the Act
of 1837.
The assignment to Harrington in 18 il being made
prior to the invention, could only operate as a contract to
assign the invention when it should be made, even' if it is
construed to embrace by its teruiB the invention in ques¬
tion. It cannot be regarded as such an assignment as is
contemplated by the clause of tho Act of Congress which
gives tho assignee the right to demand tho issuo of the
patent in his own name. Soo on this point Curtis on
Patents, 4th ed. [1873], see. 183, note 2, to the offcct that
no present nBsigmnent can be made of nn invention not
yet in existence. Although this is founded on a familiar
principle, it is to be observed tlmt no authority is hero
cited by Curtis- which can now be considered to sustain
the above proposition— the case cited from 2 Blntchf. 143,
being irreconcilable with tho recent decision in 10 Wall.
307.
A contract in relation to a future invention will bo en¬
forced in a court of equity when tho bargain is a fair one
(Nesmith v. Calvert, 1 Woodb. & M. 41 ; Curtis on Pat¬
ents, sec. 180, noto). At tho dnto of the contract 4th April,
1871, not only was tho invention not then made — it docs
not appear to linvo been in embryo or even contemplated.
Equity will support assignments of contingent interests
aud expectations, aud of things which hare no present
ini existence, provided tho agreements are fairly entere-
. (Story Eq. Jur. see. 1039, 1057, «; 2 Story It. 030
Inre, 440; Fiold v. Mayor of N. Y. 0 N. Y. 170
oro V. Littol, 41 N. Y. 06; see also Stoner v. Eycks
icr, 3 Koyes, 020, nfli’g 40 Barb. 84 ; Hinkle v. Wanzo:
How. 308).
Tho purclinsor of nn expectancy has not nn interest i
property, hut a mero right under tlio contract. And
;he same if there be an instrument in writing in tl
in of nn actual assignment, for in contemplation ot equit
.mounts not to nn assignment of a present interest, bi
y to a contract to assign when tlio interest becom
ted. (See Purdon v. Jackson, 1 Buss. R. 1 ; Ilinklo
Inzer, 17 How. 308).
In Eiold-v. Mayor of N. Y. (0 N. Y. 179), it was lie
-t “an assignment for a vnlunblo consideration ot d
uds having at tho time no actual existence, but wliii
t in expeetnney merely, is valid in equity ns nil agu
nt, and takes effect as an assignment when tlio deman
ended to bo assigned are subsequently brought into t
nice.” (That is to say it takes eil'eet ns nn assigning
der the Now York Code, so that an action may be li
In Power v. Alger (13 Abb. 475) it was held that futn
Ills woro assignable under the New York statute.
A poiut has boon made, but not tally argued, to t
ect that who., an assignment is made o.f a future mvi
n, such assignment will take legal effect ; as soon as
, -cation is perfected. In tlio case in a • fi
.. was not on tho issue of a patent, but was upon I
lo to a patent already issued.
Tho question here is whether nn assignment of a
ution not yet made, would bo bold to operate as a lc
insfer of the invention at the dnto of tl. o st nets,
out off tho right of nn assignee, holding an assignment
d invention, after it has boon ...ado and betoro the is
In tho examination of this question it is necessary to
consider the bearing of tiie recent decision of the Supreme
Court of the United States in Railroad Co. v. Trimble (10
Wall. 307), which has been followed and applied by very
recent decisions on Circuit in New York and Massachusetts.
In that case, in the Supreme Court, it was held that “a
grant by a patentee of an extension of a patent, before any
extension has issued, will carry, if the torms of tho grant bo
proper ones, tho legal as well as tho equitable intorest in
tho patent.”
That decision must bo regarded ns overruling the decis¬
ion in Gibson v. Cook (2 Blotch. 1-19, cited supra), which
is tho case relied upon by Prescott’s counsel in tho argu¬
ment boforc tho Commissioner of Patents. It was a case
3n an extended patent.
Judgo IngcrsoII’s decision in Day v. Candco (3 Fisher,
9), is ulso overruled. It was there held that “a pntentco
innnot convey nil extended patent before tho extension. He
may, however, agree, upon a valuable consideration, to con¬
vey such right when it shall bo vested in him.”
In Aiken v. Dolan (3 Fisher, 197), decided by Judgo
Cadwnlludcr (in 1807), a patentee had agreed that ho would,
ipon certain conditions, assign to B. an extended term. It
vas held that, if tho conditions had been fulfilled, B. would
mve boon tho equitable owner.
In Rnggles v. Eddy (5 Fisher, 581 ; 10 Blntch. 52), dc-
lided by Judge Woodruff in June, 1872, S. assigned toR. n
intent and any extension of the samo which might be thcre-
iller granted. Tho assignment was recorded. “Subsc-
picntly, tho patent was extended to S., and lie afterwards
issigned to E. all his interest in tho extension. E. wont on
o uso tho invention, and was sued by R. in equity ior in-
ringeineiit. Hold, that tho right to tho oxtended torin
inssed to R., tho first assignee.
“ The title of R., if regarded ns an equitable title, issnf-
iciont to enable him to sue E. in equity, E: having tnkon
itle after the assignment to R. was recorded.”
“ But eemlle, that R. took tho'Iegal titlo.” ■
“ Tho enso nbovo first cited (Railroad Co. v. Trimble, 10
Wall. 387) tends to show that, in fact, tho complainant has
tho logal title.”
It will be observed that the assignment to R., being effi¬
cient ns n legal transfer, it of right prcvuilod against tho
subsequent assignment to E., irrespective of tho fact that tho
assignment to R. was recorded before tho assignment to E.
was made. It might bo contended tlint there was no. legal
nuthority to record the assignment to R. ; that tho act of
1830, see. 11, relates only to assignments of patents which
hnvo been actually issued at tho dato of the assignment (sec-
36 of the act of 1870 is to tho snmo effect).
Tho provision in the act of 1837, sec. 0, authorizes tho
recording of an assignment of an invention before tho pat¬
ent is issued, for tho purpose of giving the assignee the '
right to hnvo tho patent issued in his own nnine. Tho act
I of 1870, see. 33, is to the same cfleet. But these provisions
do not authorize tho recording of an assignment of tho
right to nn extended term before such oxtonsion has been
granted. Such nn assignment is not embraced by tho
words, “Evory pntent or any interest therein shall bo ns-
signnblo in Inw ; ” and said assignment shall bo void as
against any subsequent purchaser, &c., “ unless it ho re¬
corded in tho Pntent Office.” (Seo on this point Curtis on
Patents, sec. 183, note 2, 4th ed.)
Gear v. Grosvenor, 0 Fisher, 314, March, 1873, 3 Off.
Gnz. Pat. 380, in equity, Shepiey, Judge, held that, “n
conveyance made before a grant ot extension becomes op¬
erative upon tho right ns soon ns tho extension has been
granted, and by forco of such conveyance tho legal title
under the extended, ns well ns tho original term, passes
to the grantoo.” Tho Court cited tho nbovo caso in 10
Wall, ns deciding that preciso point.
Respondent’s counsel in Gear v. Grosvonor contended
that the assignment of N. Gear to Alonzo S. Gear was de¬
livered before the extension was granted, and that Alonzo
S. Gear did not take thereby n vested legal title, but only
an equitable interest, capable of being perfected by a court
of equity, in the event of a refusal by N. Gear to porfcct it
by a subsequent conveyance.
Remarks on the case of R. R. v. Trimlle , 10 Wall. 857.
In tlio also in 10 Wallace, tbe court, per Swnyno, .T.,
held tlmt the effect of the contract in thnt case to assign
the expectant 'extension of the patent, had been settled by
the court in Gaylor v. Wilder, which is quoted at length.
The court appear to liavo considered tlint the incipiont
or inchoate right of an inventor to liavo an extension of
his patent oil the happening of a ccrtnin event, is liko the
inchoato right of an inventor (who has perfected his in¬
vention) to obtain a patent, and which right the court in
Gaylor v. Wilder hold to bo the subject of a legnl assign¬
ment (ns to this sco ante, p. 11).
It does not follow, from this decision, thnt tlio assignee
of a projected invention which tlio intonded inventor pro¬
poses to try to nuiko at sotno futuro timo, becomes, by vir¬
tue of such assignment, the legal assignee of tlio invention
as soon ns such invention has been made, far loss thnt he is
evor to be regarded for any purposo whatever ns a legal
assignee nt tlio date of the instrument of assignment.
In a passage in the opinion of tho court ns given by
Swnyne, J., in Railroad Co. v. Trimble, he appears to have
overlooked the distinction botween an assignment of nil
invention not yet made nnd an assignment of a perfected
invention which has often boon treated as property trnns-
ferrnblo nt common law. Thnt distinction was fully recog¬
nized by Chief Justice Timoy in Gaylor v. Wilder. He
held thnt tho inventor, Fitzgerald, hail nn inchonte right to
obtnin a patent, nnd ho says: “Fitzgerald possessed this
inchoate right nt tho time of tho assignment. Tlio dis- .
cover i/ hatl keen made and tho specification prepared to-
obtnin a patent.” Tlio importance of thnt rcinnrk will bo
recognized on perusing Mr. Webster’s nrgmnont in tho S
:ase. . ,
In tho case of tho Railroad-Co. v. Trimble, the court ns-
wne that tho decision in Gaylor v. Wilder was nn authority '
to support tho proposition that tho deed of Howo
Trimble, dated 0th July, 1S44, assigning certain p
which had been granted to IIowc, and also patents
might thereafter he granted to him for iinprovemen
the said patented inventions— with words sufficient t
brace extended terms — was sufficient to transfer tho
title to an extended term, of n patent for nil improve
for which improvement n patent was afterwards gn
dated 2Sth August, 1843. That patent was extended
/ August, 1SG0, for 7 years.
; The facts of the caso of R. R. v. Trimble nre, tlial
' the pntont of 2Sth August, 1840, for an improvomcii
■, been issued, blit before the grant of tho extended
1 the administrator of IIowc, the patentee, assign
51 Trimble, by deed, dated 15th September, 1834, the
\ iiitorcst in tbe patent of 1S4G, for thu iinprovemcnt,
:j lie held in the other pntonts. So that Trimble held a
titlo under tho patent for the iinprovemcnt which line
I mndo subsequent to tho original deed of 9th July,
i and Trimble's right to the extension of tlint patent 1
f from tho conveyance of the patent by the deed of
September, 1854, coupled with the terms ol the or
deed, which were sufficient to embrace an extension.
Rnilrond Company claimed under nn adverse assign
mndc prior to the assignment of 15th September,
but tlio jury found thnt such prior assignment had
abandoned nnd was inoperative.
In tho present case, so tarns the issue of the pnti
concerned, tho question is simply whether the nssigi
nn invention, not made at tho time of tho assignment,
, nssigniio within tho meaning of the Act of 1S70, sc
not whether such nssigneo is, after tlio pntont hash
issued, mi assignee within tho meaning of sec. 30 of
'same act.
In the controversies in tho courts respecting tho pat
alter' it shall have boon issuod for tiic invention of
qiindniplex, tho question will como up for dotorminnt
whether, on tho- authority of tlio cnso in 10 Wallace, an
assignment of an invention beforo it is made, will tnko
. legal o fleet after tho issue of tho patent. If it bo liuld to
do so, tho assignment to Harrington being prior to tho
assignment to Prescott, the former must prevail if it bo
held to embrace tho invention.
According to Judge Story’s decision in tho case of Her¬
bert v. Adams, 4 Mason, 16 (quoted beforo in this brief, p.
10). an assignment of an invention not patented, takes
oftcct when the patentee issued, and operates by way of
estoppel against the assignor. n0 is probably speaking of
an invention perfected, although not patented. It is set¬
tled by lator decisions that, in such cnso the assignment
acts directly on tho legal title, and not merely by way of
estoppel, lint it is nowhere laid down that where an in-
tended invention is assigned, tho assignment will take legni
o ee as soon as the invention is nindo, and bofore patent
•ss.,0.1. l|,o instrument is a more contract. Nor after
tno patent has been issued, would the assignment have a
retroactive efleet, except as against tho assignor himself.
V V , e"'0!>ptive effect, see Field v. Mayor of N. Y.
(0 N \ . no), quoted before in this briof, page IX »
1 here are some eases in which tho courts will probably
cognize die dlst"lction between an assignment of an in-
ven ion already made and an assignment of an invention
ot jet made. According to Curtis on Patents, this dis¬
tinction is recognized by the Patent Act in the clause au¬
thorizing the issue of tho patent to tho assignee (Curtis on
P tents, see. 183, note 2). I„ considering this question, it
horn* ° lm,,ortnnt to "otieo the decisions on the distinction
bet ee grin tot a patent right and a license, ns to which'!,
3 Storv° 1 no ’ r’ St0r^’ 5J3 > w"8liburu v. Gould, ,
Cur o’, p7 lmy lm°r> v‘ Coming, How. 210; !
tmrtis on Patents, see. 195. *>>
tinetL^vi V' ^'lrt18l,orn (1™'B Dig- PP- 120, 403) a dis-.*
meat in • '"UJ° ljot"'oe,> »'» assignment and an agree*. S;
soign a patont— that tho party boldiug tho con-
: tract had no authority to grant liconsos : that the patent
must iirst bo assigned to him. See, also, Whoolcr v. Mc¬
Cormick, 4 Official Gaz. Pat. C92.
The Attorney General, Pluck, (Opinions of Attorneys
General, vol. 0, p. 403, Nov. 28, lsfiO) did not recognize
the distinction now in question. Referring to a contract,
whereby A., an inventor, stipulated with certain parties
thnt they should have the ownciship »f all inventions oi
improvements which he might thereafter make upon certain
patents hold by them, Attorney General Black’s opinioi
was that under that contract tho parties referred to won
entitled ns assignees to have the patent for an improveinem
nindo by A. issued in their own names, although tho in
ventor demanded the issue of tho patent to himself. Tliii
opinion would probably lie held ’by the Courts to be erro
\ neons. Seo tho argument ywsf, p.
The Assignment to Harrington, 4th April,
■ 1871, whether it embraces the Qiualrwples.
in its terms.
An important question is, whether the assignment ot 4tl
April, IS71, contains words sufficient to embrace the quad-
ruplex system. The partnership contract of 1S70 does no
contain words importing a grant or assignment, but is n
terms a mere' executory contract. Therefore, it cannot now
be trentod as an assignment, under tlm Patent Act, sec. 33.
And it seems that it cannot lie treated as an assignment
under sec. 30, after the patent has been issued, but that it
is a mere contract to assign.
The assignment of 4th April, 1871, may bo proved to
refer to (although it docs not recite) the partnership agree¬
ment between Edison and Harrington of 1st Oetobor, 1870.
The instrument of ith April, 1871, speaks only of an agree¬
ment on tho part of Edison to invent “ instruments and
machinery that should successfully i 1 ccoi o c 11) do el¬
ope into practical use the Little or other system of auto¬
matic or fast system of telegraphy, and subsequently to
VI' l,uliecc 81,011 instruments and machinery, bv
adding thereto such further inventions ns experience should
demand and my ability as an inventor and electrician
might suggest and permit.”
Tlio contract of 1st October, 1870, was not recorded at
the date of the assignment from Edison to Prescott. 19th
August, 1874.
It will bo observed that the assignment of 4t|. April
1871, does not specifically rofor to tlio contract of 1st Octo-
;ior, 1870, nor to any contract as having been mndo in writ-
"«'• 0,1 ‘'cf erring to tlio contract of 1st October 1S70 it
vdl bo found to include all of Edison’s future inventions’ of '
my kind, except such as were included in certain contracts
letwecn Edison and the Gold and Stock Co. Tlio contract
'raph L°",lnC<l t0 ,,‘v0l,t,0"s feinting to tlio electric tolc-
Jhe Quadruple* is not a « fast ” system of telegraphy,
Iit/un the meaning of the deedofith April, 1871.
Tlie automatic system of telegraphy is called a “ fast ”
yS,L bc L fl B e t be g b ikon ami closed bi¬
fid!!^;, 0p0M ii0" •iS, 1,0,f0,'mc(1 «“•«* Kfentc'r
ft£, .,SrSS:blC f I” “I! systems
1 tclegu.pl, y_ other than the automatic, the speed of the
..mem, s ion limited by the capacity of the operator’s
ltcn nst s ‘ V “ Uy °r ^ b0iml the
uto nil IC system, having the advantage of machine over
and labor, is called the “ fast ’’ system
itlf,r:r “ '“0t,.tm",S",ittud br *1'° Qu"<ln.plox system
•stem o. the 1" 'tiS ^ 11,0 U™C 0r tllu
issioii 0t 101'° 16 Mjr ndditiomi1 Sliced in ti.o trans¬
it has for several years past been customary to sneak of
o automatic system as - the automatic or iLt system.”
Many instances aro given in the brief of Messrs. Ashton,
Lowory & Doubling, pages 18 to 27. On the other hand,
Mr. Harrington rotors (Ilarrington’s Brief, pages 10 to ID)
to articles in “ Tho Journal of tlio Telegraph ” and tlio
“ Tho Telegrapher,” in which the Quadruplox system is
ombraced in tho general description of” last systoms.”
Mr. Harrington argues (pugo 21) that, although in some
eases “ automatic ” and “ fast ” have been used as appar¬
ently synonymous, yet that has only been by parties inter¬
ested in some systom of automatic telegraphy which they
puff ns ” the fust,” and it is observed that, in this souse, Mr.
Harrington has himself call tho “ Little ” system ” the fa el
system.”
Many of tho citations, however, in tho brief of Prescott's
connsol from telegraph litornturo do not appear to be open
to that criticism.
Tho words in the recital of the assignment of 4th April
1871, “ the Little or other system of automatio or fast ays
tem of telegraphy'' relate solely to automatic telegraphy—
tho word ‘‘automatic” is treated therein ns equivalent tc
” fast.” And it is customary to so explain what is meant
by “ automatic telegraphy,” as the word 11 automatic is o
itself insnllicient to describe or characterize the system.
“ Automatic” is defined by Webster thus! " Having
the power of moving itself— applied to machinery.” “ Tin
term automatic is now applied to self-acting machinery, oi
such as has within itself tho power of regulating entirely iti
own movements, although tho moving force is derived from
without.” In the brief of Prescott’s counsel, citations ar<
made (Brief, p. 1C) from tho report of the National Tclo
graph Company in 1807, which contains tho phrase, “/««
or automatio telegraphy
On pngo 20 of tho eiitno brief, is a quotation from t\v<
Reports of the Postniastor Gonornl, speaking of “ the faa
or automatic system.”
In tho sa.no brief (p. 20), rcforouce is made to the eon
tract between Harrington and Little, dated September 22d
1871, respecting wlmt is tliero described as “a system of
automatic or fast telegraphy”
,Tho circular of the Automatic Telegraph Oo., Jamiarv
-Sth, 1874, is also referred to ns containing the passage,
concerning tli o automatic or fast si/slcm."
And Prescott’s counsel make sovoral quotations from
publications relating to the electric telegraph, to show that
tlio rfiyrfea. or “ quadruple*” system is not therein
Tltof'o ^S^tc,n(Pri“tcd Brief of Prescott’s com, sol,
the Pm f’ 2f ' r°" 1>ns° 24 18 “ ,‘orurcilco to the report of
the Postmaster General in 1872, speaking of « duplex » as
doubling the capacity of lines, and of the “ fast” or auto-
mclw system, by which one wire is made to do the work
rer™",^tllrlr"<1, Mr. Harrington (Brief, pp. 18, 10)
efeis to The Telegrapher,” September 20th, 1874, Jami-
TeW lctl*> 1371, and “The Journal of the
Teleginpli, September 15th, 1874, where, in speaking of
dunlcvCo’"8,’ 01 1 fllSt tc,t‘KrnP,ly>” the nutonmtie and the
du,,!^ „ e referred to ns if they were both fast systems.
JZJEzzr’ '* "*" l“" ■ — “«■
Court' Ml th° e0r"'et,°" °f ",e '"ctrument is for the
o. w ’ "07':",eIcSS' W"« 'ta aid the testimony
pi t 2 IT l0?1"'" 'eTr,"6,0l'nrt (i P”reo,ls 011 Contracts,
Dnv V Still’ Vrc'TT" 8 D,fJ- Agreements, B, see. 50 ;
Hay .Stillman, MS. Giles, ,T. Md. 1850).
Where certain terms are used in a grant which have a
''ell known general meaning, that wilUo adopted, unless
appears that a different meaning was intended hr them
(per Ingorsoll, J. Day v. Cary, ut’e Dig! p. S, 1 ^
As to the Appeal to the Secretary of the
Interior .
.assssss i
duties respecting tho granting ami issuing of patents, which
heroin are or may hereafter ho by them directed to bo dono.”
Upon this clausa a question arises whether the Commis¬
sioner is to act ns he may bo directed by tho Secretary of
tho Interior, in any special case, without exorcising his own
judgment in tho matter.
Supposing tho Secretary of the Interior can entertain
tho appeal from tho decision of tho Commissioner in tins
case, directing tho principal examiner to issuo tho patents
to Edison and Prescott, can the Secretary of tho Interior
order tho examiner to issue the patents to Edison alone, or
to Edison and Harrington jointly, and in that case can tliero
bo an appeal from that order to the Supremo Court of tho
District of Columbia? An appeal is given to that Court
by tho act. of 1870, see. 4S, from tho decision of the Com¬
missioner in the cases thoroin referred to; but no appeal is
given to or from tho Secretary of tho Interior, in any case.
Tho Patent Act, see. 52, provides “ that whonovor a
patent or application is refused for any reason whatever,
cither by the Commissioner or by the Supremo-Court of the
District of Columbia, upon appeal from the Commissioner,
tho applicant may have remedy by bill in equity see re¬
marks on this section, Hull v. Commissioner ot Patents,
Supreme Court, D. C. Ollicial Gazette, vol. 7, p. o59).
Under this net, a suit may be brought by Edison against
Prescott to test the question whether Edison’s application,
as it now stands, is lawfully refused. If the a lj I t on
bo in favor of Edison, the Commissioner wd bo thereby
“ authorized” to issuo the patent to him. Tin* suit may
bo brought in a Circuit Court of the United States on
notice to adverse parties.” But the question before t o
• Court in such case will not bo as to the equities of lie -
ties. but will iio as to tho legal right of Edison to demand
the issuo of tho patents to himself alone.
By tho act of 1880, sec. 1, it «• made the duty of
Commissioner of Patents, “ under, the thredums of theSe c-
retan, of State,” to superintend and perform all acts touch-
ingtho granting of patents. Tho Secretary of the Interim
therefore, merely tnkos the place of tl,o Secretary of Stat
mulor the former law. J '
on J,la„Cft f'1’ lm> eh- 108 e state. „t Large
dJ. ), enacts that the Secretary of tl.o Interior shall oxer
e.»e and perform all the acts of sujternhwn ,n„l anneal i,
legard to the oflico of Commissioner of Patents now exer
cised by the Secretary of State ”
1,10 - 'O whether it
JsASBSfr" * “n lr0nr’ Att0r"^ Gone™'
timates I , f AMo™cys Ge"eral- vol. 13, p. 20), ho in¬
fer revisinir tl'.o'T ''VT'* ,nndo ““I** Provision
ca es I, 7 t.1'0,.(I.C0l8,0,ls of ‘>'0 Commissioner in proper
C Bio . oV mp m.J'’.tl10 ImrticS ™'"l>l«iningof the dc-
.
&-^“S=SSs:
ignatnro to a patent l a ?PW S?"!"":y withhold his
»■. » *» ,« «», .
In Whitoloy v. Fisher (4 Fish. Pat. Cns. 248), an
tion against the Commissioner lor rotusmg to issue
patent, it was held by the Supremo Court ot the Disti
of Columbia that the duty of issuing patents devolves tt|
the Secretary of the Interior— the duty ot countersign
and affixing the seal of office to a patent, upon the Com.
sioner. ....
On referring, however, to section 31 of tlie net ot u
it will bo seen that it is the Commissioner who is to doi
oti the application lor the patent. “ The Commissu
Ml came «« examination to bo made of the alleged
invention or discovery, and if, on such examination, it,
appear that the claimant is justly entitled to a paten
dor the law, and that the same is sufficiently use lul ami
portent, the Commissioner shall issue a patent theiefo,
The act (section 21) retpiires patents to be signet
the Secretary of the Interior and countersigned by the
missioner.” In 1 lull v. Commissioner ol Patents (7 Ot
Gazette Patents, 561), Judge 01b. says that the Sec
of the Interior really controls the issuing. .
the same case, says : “It is the duty ot the Commrn
alone to say whether the patent shall be allowed
If, however, the Secretary ol the Intone, should
opinion that he has the power, and th it it is
any particular ease to exercise that powei, o om
merits of any decision of the Commissioner o
might, upon such revision, decline to sign the i mUi it *
by the Commissioner, lie might, at the b
gLt to the Commissioner that he should reeonsulc. th
If, upon such reconsideration, ho should 111
conclusion ns the Secretary, then .the patent woiddbc
but if' the Commissioner should rota... ;>6.to‘ ^ l
no patent would bo issued, and the applicant «o,,ld
to Ids remedy by appeal to the Supreme Court of tl,
triet of Columbia, or an appeal under section 52,
appears to ho incompatible with the idea P
jurisdiction in the Secretary of the Interior. ,
iSyksp-
ary power to withhold his signature to a patent which tho
Commissioner lias legally ordered to bo issued, can bo testod
by mandamus. A writ, of mandamus , however, will not
be allowed by tho Supremo Court of the District of Colum¬
bia against tho Commissioner of Patents, whore the lnw
submits tlie subject to his opinion (U. S. v. Bigolow, 7 Off.
Gnz. Pat. 001).
It may be contended that the signature of the Secretary
is required merely ' for. the ptirposo of verification. Tlio
question whether lie can refuse to sign a patent which, on
tho faco of the proceedings, appears to lmvo been properly
issued, may bo of importance in interference eases, whore a
party having a patent may desiro to prevent tho -issue of
another patent to his adversary. That might present n
proper case for an application for a mandamus, ns tho ap¬
plicant would otherwise bo without remedy.
The Secretary niny with propriety examine jurisdictional
questions, and refuse his signature whore tho Commissioner
has exceeded his jurisdiction. Even if tho Secretary lias a
discretionary power in relation to tho grant of a patent, it
does not follow that tho Commissioner’s concurrence can bo
dispensed with, seeing that section 31 of the act directs him
to decide the question.
Allowing that tho Secretary has tho right to withhold
his signature, in a case where tho Commissioner has noted
within his jurisdiction, it is to be presumed that ho would
not do so in a doubtful case, and that, in deciding the ques¬
tion whether lie should refuse to append Ids signature, lie
would not undertake to exercise full appellate jurisdiction
and receive any additional ovidcnco in the case, but would
merely decide upon tho enso ns mndo beforo tho Commis¬
sioner. Even wlioro hppellnto jurisdiction is given to tiio
Supreme Court -of the District of Columbia, the enso is
heard on tho ovidunco beforo tho Commissioner.
The Secretary of tho Interior might with propriety sug¬
gest to tho Commissioner that thoro nro somo important
points wliioli wore overlooked in tho nrguinont'boforo him,
and that thoro should bo a rehearing on those points (seo
post, p. ).
The Equities of the Case.
The contract between Edison and Prescott, dated 19th
August, 1874, provides that they shall have an equal inter¬
est in “ any future improvements" mndo by elthsr party.
And Prescott agreed to pay “all the future expenses and
cost of specifications, drawings, models, Patent Office tees .
and patent solicitors’ and agents’ fees,” &c. The W. U.
Co. claim that tlioy employed Edison to mako the invention
for thorn, and they, at tl.e same time owning the principal
patents for the “duplex” system, and that they gave Inn.
the use of their linos and telegraph apparatus for the ex¬
periments, and that Prescott (tl.cir electrician) rendered
much valuable assistance therein; also thatHarr.ngton
was cognizant of Edison’s relations with the VT. 0, and ot
ids efforts to make tho invention of the qimdruplcx foi
them and tl t 1 e =el .o ejections, before the pay-
mC ^1’ -vcrul
reasons are urged why it does not affect Prescott, viz. .
1. That it does not in torms embrace the quadruplex.
2. That the record of that contract was not legal notice of .
its contents — there being no legal authority to .e-
cord it when it was recorded.
madcmid consequently cannot be regarded as an
“ assignment." . ...
the assignment of 10th August, (;hUl
that if tlio equities of t'.w case be found
the Commissioner could , d ^
that Harrington has no case to proxi b ■
1 assignment' to Prescott.
k
As to tlio rail valno of Prescott’s engagement to grant
to Edison onc-lifllf port of nil inventions of improvements
which miglit he mndo by him (Prescott), it is impossible to
estimate it. Neither can wo form n correct judgment of
the valuo of Prescott’s assistance in the development of the
invention with the nid of the telegraph nppnrntns nnd lines
of tho 17. U. Co., nor can wo make nil accnrate estimate of
the importance of the fact that the 17. IT. owned tho “Du¬
plex ’’ patents. Prescott’s connection with tho 17. U. might
possibly ho of great advantage to Edison. Edison was not
drivon by poverty to mako tho contract with Prescott.
With respect to tho point tliut tlio contract between
Edison and Prescott is a partnership contract, dissolublo
at tho will of either party, and therefore that Edison could
rovokc tho authority ho had given to the Patent Office to
issue the patents to himsolf nnd Prescott jointly.
In tho first place, it is clonr that Edison cannot nullify
the assignment to Prescott. That remains oven if tlio con¬
tract for the joint disposal of tho property lie broken up.
And, secondly, it is true that tho nnturo of the contract
ail'ords a good reason for Edison’s revocation of tlio author¬
ity given to the Patent Office in favor of Prescott. But
then, no reason whatever need be given to tho Patent
Office by Edison for breaking his engagement with Pres¬
cott, that he (Edison) would request the issue of tho pat¬
ents in a particular form. Edison had tho absolute right
to withdraw or modify his applications for tho patents in
that form.
Withdrawal of the Applications for the Pat¬
ents, and Renewal of Applications, ivith
Amendments.
In tho argument before tho Secretary of tlio Interior,
General Butler insisted that tho patents should be issued
neither to Edison and Prescott, nor to Edison nnd Har¬
rington, but to Edison alono. Before, however, tlio patents
can ho issued to Edison alone, an application for such is6UO
must bo filed by him. Tho present application istortli
issue to himsolf and Harrington.
If the Commissioner shall refuse to rehear tlio case o
tho now points, or should, upon such rehearing, adhere I
his former opinion, and if it shall then he considered tin
no appeal lies to tlio Supremo Court of tlio District i
Columbia, it may bccomo advisable * llJ
all tho applications for the patents, and file fresh npphe
tions, with amendments.
An application for a patent may be withdrawn by tl
inventor and renewed in amended form. Under the A
of 1S30, sec. 7, it was a common practice to withdraw t
application in order to get hack part of the too. The rig
to withdraw tho fee was taken away by tho Act ot 1801,
88, sec. 9. Upon tho Act of 1330 Attorney General Cu
ing gave an opinion that “every applicant lor a patent
a riahl to withdraw his application, and demand the
torntion of two-thirds of the patent fee, altoi Ins app
“on is complete ... 1 -11 b ' to1
been had on his application as after 't f
■ (Tarrish & Keeler’s Case, 7 Opm. 391 ; L i" » digest,
Tho right to withdraw the application remains just
same, although no part of the lee is now returned, li e
ventor may choose to make essentnil aniom inon 8 '
. . . 1. - ■:*,! r.
his assignee. • . p,,,
u,,dn |«
‘ tlio formor applications which wo^ l j „
claim of Prescott will then rest entirely on the assignment
of 19th August, 1874, end tho authority thoreby given to
tho Commissioner of Patents to issne the patonts to Edison
and Prescott. That authority is confined to tho applica¬
tions numbered 91 to 100, for although it is declared that
tiio other inventions therein referred to “ nro included in
tin's present agreement,” tho authority and request to tho
Commissioner does not embrace them.
As to the effect of the withdrawal of the applications
for tho purposo ot presenting amended ones. It may be a
breach of tho agreement of 10th August, 1871, in which it
is recited and declared tiint Edison “has oxccutcd oris
about to oxecute applications” for patents, nnd tiioso appli¬
cations nro specified, numbered nnd dated 19th August,
1S71. Put tho Commissioner has nothing to do witli tho
breach of coreiinnt. When the new applications nro filed
with now -specifications, Prescott may possibly contend
that tiie inventions described thcroin nro embraced in the
assignment of 19th August, 1874, nnd that although the
several applications may be consolidated into a fewer num¬
ber, nnd may ombrnco inventions made prior to thoso de¬
scribed in the applications numbered 95 to 100, nnd other
inventions made subsequent to the dnto of tho assignment
19tli August, 1871, yet that under that assignment lie is
legal nssignoo of a tnoicty of tho inventions specifically
referred to in that assignment. If the amendments were
merely colorable, tho legal title of the assignee of the inven¬
tion might not bo affected. But if tho pntents nro in part
for inventions not embraced in the assignment, it will bo
for a court of equity to grant appropriate relief against tho
inventor. Or where tho invontor lias obtained the patent
for tlin purposo of dofratiding his assignee, tho patont
might be repcnlcd on scire facias (soo Mowry v. AVhitnoy,
11 Wall. 131), and the invontor could bo compelled by dc-
creo of a court of equity to make the proper application for
a patont. Equity can roliovo whore a party fraudulently
or without duo authority, blends his own property with
that of another.
As to tho effect of tho withdrawal of tho npplientio
Whether it could bo considered ns an abandonment
law’s Dig. p. 163, “Withdrawal of application, effect
Tho Patont Act, section 35, provides that “ wliei
application fora patent has boon rejected or t li
prior to tho passage of this net, the applicant shall hav
mouths from the dato of such passage to renew his np]
tion or to filo a new one, and if ho omit to do oithei
application shall bo hold to have been abandoned. 1
the hearing of such renewed application, abandonment
bo considered nB n question of fact.”
law’s Dig. p. 153, sec. 5 : “ The withdrawing an f
cation, nnd receiving back tho allowed part of the p
foe, will bo considered as a final abandonment of the
ther prosecution of the claim, * * * which ennn
• revived by any now application” (Mowry v. Barber,
App. Ons. Morrell, .T., D. C. 1858).
Seo. 0. “The withdrawal of an application alter ri
of part of. tho patont feo is not itself an abnndonmc
dedication of one’s invention to tho public, but is an c
ocal act, to be interpreted by surrounding circuinsti
and to bo affected upon a second application by the f
quent conduct of tho party, his diligenco or ins nogloc
delay, in tho same manner as bis conduct is to be we
in regard to an original application (Wickershain ' . o
App. Cob. Merrick, ,T.; D. O. 1859). .
Seo. 7. The samo judge held, in 1800, m tho ci
Dcdcrick « parte, MS. (App. Cas.), that where the
withdrawing nu application took no further action
number of years. “ a subsequent application tor a pan
the same invention will bo refused, on the ground ol
abandonment.”
Seo. 8. And Judge Merrick also held that a
might filo another application several years after Ins
drowal, if that was occasioned by a mistaken reject
tho Patout Office, although in. tho moon tiino the my
liad gone into public use, nnd that tho second nppl.i
by operation of law, relates back to the date of the first ap¬
plication, so ns to cat off the forfeiture which otherwise
would have happonod by. the long intermediate public use'
(Hayden ex parte, MS. Merrick, J., 1800).
iVo may contoud that the Commissioner made a mis¬
take in refusing to issue the patents to Edison.
Dunlop, J., held in Simpson ex parte, MS. (App. Cas.
ISO! ; Law’s Dig. p. 154, sec. 11) that the renewed appli¬
cation in such case should bo made within two yenrs.
' Patent Office Register, April 13th, 1873, p. 41 1, Acting
Commissioner of Patents Timelier refers to the practice of
tlie Office in relation to “ old rejected and withdrawn cases,
in the Office,” as pendente lite embodying claims not finally
adjudicated, and presenting tho proper channel for semiring
rights, not to bo held ns abandoned, except upon proof of
the fact. So they wero regarded by the Office, for some of
them wero from time to time revived, and nllowcd to go
to patent.
lie refers to tho Patent Act of 1S70, sec. 35, ns sanction¬
ing tlint practice, mid cites Godfrey v. Emncs (l Wall. 317)
ns deciding tlint a now application is to be considered ns a
continuation of li former one. The Court there held : “ If
an applicant lor a patent withdraws lus application for a
patent, intending at the time of such withdrawal to filo a
new petition, and accordingly does so, tho two petitions
are to be considered ns parts of tho same transaction, and
both ns constituting one continuous application.”
For a construction of section 35 of the net of 1S70, sco
Marsh v. Sayles, 5 Fish. 010 ; 2 Off. Gaz. Pat. 340 ; 2 Biss.
321.
The proper course to pursue will be to withdraw all tho
applications, and then blond tho invention described in the
early application made by Edison witli tlioBo described in
the specifications referred to in tho contrnct of 1 0th August,
1874, and also blend with thorn the inventions which had
not boon perfected at that date. Out of these consolidated
together, mnko one, two or more specifications.
As to what an inventor may claim in ono patent, sco
Wheeler v. McCormick, 4 Off. Gaz. Pat. 092. In tho same
case, it is held that an invontor may have distinct patents
for several distinct devices, although lie may have included
thorn all in one, making a separate claim for each dovico
(Rules of tho Patent Office, 15, 10). Where several inven¬
tions relating to the same subject are necessarily connected
each with the other, they may bo claimed in ono applica-
Two distinct improvements in tho same macliino may
ho jointly applied for and covered by ono patont (Adams v.
Jones, 2 Pittsb. 73; Abbott’s National Digest, vol. 0, p.
355, sec. 198. Sec, nlso, tho following cases : Emerson v.
Ilogg, 2 Blotch. 1 ; Pitts v. Whitman, 2 Story, 009, 021 ;
Moody v. Fiskc, 2 Mason, 1 12).
In Abbott’s National Digest, vol. 0, titlo Patents, secs.
193 to 223, innny decisions ill abandonment arc collected,
amongst others tho following: § 220. An inventor, whose
application wns rejected and withdrawn ■■■ 1851, delayed
to renew it until 1SC9. In 1S59, a patent was granted to
nnothcr party. Held, a case ot abandonment. (Marsh \.
Sayles, supra). § 213. An application was rejected ; ten
yenrs afterwards a now application ■■■■•J" . 1
fee paid; in the mean time the invention had gono into
public use. Held, nn abandonment (Bovin v. East Hamp¬
ton Bell Co. 9 Blotch. 50 ; 6 Fish. 223).
Tho above cases seem, to show that it would be safe to
withdraw Edison’s present applications, with a view to the
presentation of amended applications, ns above- suggested.
It is understood that there is nn important application
now pending, which wns filed in tho year 1873, on tho part
of Edison, for a patent for devices applicable to tho qundrii-
plex system, which arc not embraced in tho applications in
which Prescott is interested. This invention should bo
blended with those of later ditto on the new applications tor
P By abandoning the presont applications and specifica¬
tions, and obtaining patents on n new set, the great diffi¬
culty in relation to Prescott’s claim of a legal titlo to ono-
I
half of tho patents mny he avoided., In that cnso, instead J
of a legal title, which it would not ho easy to. assail, ho will £
have only a claim of right in equity to enforce tho agree-
incut between himself and Edison, in such a way ns to ob¬
tain some interest in tho patents issued on’ tho substituted
specifications.
If patents should bo ohtainod on tho specifications now
on file— such patents being issued to Edison alone — Pres- /
cott would claim a moiety under tho assignment, and insist
on bis legal ownership, on the authority of Gaylor v. Wil¬
der (supra).
Prescott would refuso to join in n suit against tho W. U-
for using tho in volition . If a suit were brought by Edison’s
assignee, it would bo objected that no assignment could bo
made by Edison without Prescott’s consent. And if Edi¬
son were to bring suit against Prescott mid the W. U., tho
defense would bo tho contract for the sale of tho invention
to the W. U. On the whole, thoroforc, it would appenr to
ho tho best policy to cut adrift from the present position in
tho Patont Oflico. . .<
A question remains whether Edison would bo violating $
tho injunction in tho New Jersey caso, by withdrawing his
present applications in tho Patont Oflico and filing fresh
ones. Tho only application actually pending at this time,
as we viow tho case, is that of Iinrrington. Upon tho with¬
drawal of that, tliero will bo no application in tho Patent
Otlice. The injunction docs not, in torms, restrain Edison
from taking the proposed proceedings in tlio Patent Oflico.
Decision of the Commissioner of Patents
DIRECTING CERTAIN LETTERS-PATENT
ISSUE TO EDISON & PRESCOTT.
SMITH & REDINGTOH,
Of Cou
tion of Harrington, who nllogod that tho patents should
- bo issued to Edison und himsolf, instead of Edison and
Prescott.
Tho ease presents two questions for consideration :
1. Has tho Secretary of tho Intorior tho power to lienr
and determine whether ho will oxccuto tho pntonts to
Edison and Prescott; or is lie, in this regard, merely n
ministerial officer and by law required to unite with tho
Commissioner in tho execution of tho pntcntB and bound
by his decision ?
2. If lie has sucli power, should tho letters be issued
to Edison and Prescott?
Hpon tho first point it is proper to stato thnt it has
already boon determined by your immediate predecessor.
He decided, aftor full and elaborate argument by tho
ablest of counsel, thnt ho had such power, und overruled
the motion to dismiss tho proceeding for tho want of
jurisdiction and directed the parties to filo written briefs
upon the merits. Wo suppose thnt his action mnkes this
question res adjiulicata.
But if the Hon. Secretary should diflor with us, then
wo insist that the former decision was correct. Its fur¬
ther consideration will require an examination of tho
legislation of Congress. Section 441 of tho Revised Stat¬
utes charges the Secretary of tho Intorior with tho “su¬
pervision” of “patents for inventions.” Section 4883 re¬
quires that all letters patent shall ho signed by tho
Secretary of tho Interior; and section 481 provides thnt
“the Commissioner of Patents, under the direction of the
“ Sccrctari/ of the Interior, shall superintend or perform all
duties respecting tho granting and issuing of patents
directed by law.” The first duty in tho order of time,
and tho most important ono, is to determine whether or
not the applicant is entitled to a patoiit. . . .
If this is to bo done “under the direction of tho Sec¬
retary of tho Intorior,” how can it ho said that lie hns no
power to considor tho question ? Ho is tho head of tho
Interior Department. That Department is ohargod by
law with tho issuing of lettors patent. All patents are to
ho signed by tho Secretary and to bo granted and issued
under ids direction. • Can it be possible that ho can have
no voice in the mattor? Thnt ho is a mere automaton,
moved by some othor power and without ability to con¬
sider and decide for himsolf? Suppose that, by some
means, by inadvertence or otherwise, a patent should be
executed by tho Commissioner for tho spread of soino
contagious disease, must the Secretary also execute it?
He certainly must if ho is but a mere ministerial officer,
and is bound by the action of the Commissioner ; and if
lie should refuse lie could ho compelled by mandamus
to do it.
Wo wholly dissent from any such view. We suppose
that Congress menut just what it said; and when it snid
that “ all duties respecting tho granting and issuing of
pntonts ” shall bo performed by the Commissioner “ un¬
der tho direction of the Secretary of tho Intorior,” it
meant that all tho duties should ho thus performed, and
did not mean, ns is argued by counsel for Prescott, that
the Secretary should be charged with tho duty only of
seeing that tho Commissioner faithfully discharged
his duties and did not refuse to make n decision.
Sucli a limitation of tho authority of tho Secretary is
against the plain language of tho statute, and is, as we
think, in conflict with tho ruling of the Supreme Court
in an nnulagous case.
In Barnard’s Heirs v. Ashley's Heirs, 18 How., 44,
the question was as to tho power ot tho Commissioner
of tho General Land Office to review a decision made
by tho Register and Receiver. Tho court said : “Ac-
« COrding to the conceded foots, it ,s insisted, on 1 part
«o? Ashley and Craig, that the -Register and Re eivor
„uvil,, o, duo proof and examination, rojectod Bar- .
“ nard s claims' toFi preference of entry of the four qnar-
„ tor sections, lie is thereby concluded from setting hem
« up in a court of equity, because the Register and Re¬
ceiver acted in a judicial capacity, and ‘heir judgmwit
tn tm imnea!. is conclusive of the chum.
..S: cal of Jacksmi v.’ Wilcox, and Lytle , The
‘•State of Arkansas, are relied on to maintain this posi-
“Tliis power of revision is exercised by virtue of the
» act of July 4,1836, § 1, which provides ‘ that, from and
“ after the passage of this act, the executive dutl°8 10"
“prescribed, or which may hereafter be prescribed by
“ Faw, appertaining to the surveying and sale of the pub-
“ lie lands of the United States, or in anywise respecting
“such public lands, and also such as relate top
“ claims of land and the issuing of patents for nl grn «
“ of- land under the authority of the Government of the
“United States, shall be subject to the supervision and
“control of tbe Commissioner of the General Land
.. Office, under the direction of the President of the
“United States.’ The necessity of ‘supervision and
“ control,’ vested in the Commissioner, noting under the
“direction of the President, is too manifest to require
“ comment, further than to say that the facts found in
“ ,bis record show that nothing is more easily done than
“apparently to establish, by rz parte affidavits, cult, va-
“ tin., and possession of particular quarter sections of land,
“ when the fact is untrue. That the act of 1836 modi-
» ties the powers of Registers and Receivers to the extent
“ of the Commissioner’s notion in the instances before
“ us, ice hold to be true. But if the construction of the
“ act of 1886 to this effieut wore doubtful, the practice
: under it for nearly twenty years could not be disturbed
without manifest impropriety.
“ Tho case relied on, of "Wilcox v, Jackson, 18 Pet.,
; 611, was an ejectment suit, commenced in February,
1 1880 ; and as to tho acts of the Register and Receiver in
‘allowing the entry in that case, tho Commissioner had
1 no power of supervision, such as was given by tho act
1 of July 4, 1836, lifter the cause was in court.
“ In the next ense,” (Lytlo v. Tho Slate of Arkansas,)
• 9 How.,' 838, all tho controverted facts on which both
‘ sides relied lmd transpired and wore concluded before
‘ the act of July 4, 1836, was passed; and therefore its
‘ construction, as regards the Commissioner’s powers
• under the act of 1886, was not involved; whereas, in
‘ the case tinder consideration, the additional proeoed-
‘ ings were had before the Register and Receiver in 1887,
‘ ami were subject to the new powers conferred on tho
‘ Commissioner.”
Tho act of 1836, above construed by the Supreme
Court, is very similar to the' one now' under considera-
;ion. It gives to the Commissioner “supervision and con¬
sol.” This gives to the Secretary “supervision and direc¬
tion.” Tho terms are synonomous. The former con¬
tains tho words “ executive duties.” Under this phrase¬
ology it might bo claimed, with considerable plausibility,
that tho “ executive duties” referred to were ministerial
only, and did not include tlioso that were judicial in
their character; whereas tho latter, in clear nnd express
terms, relates to “ all duties respecting tho granting and
issuing of patents.”
Wo rely upon this case ns high authority for tho con¬
struction which wo maintain.
The learned counsol for Prescott objects to this con¬
struction, bccuuso, ho says, that under it, tho Secretary
could disregard tho decision of tho Supremo Court of
tho District in n ease appealed to it (when the patent ^
hurt been refused by tlio Commissioner), or tbo rtceision
of tbo Circuit Court upon bill in equity tiled under sec¬
tion 4915 of tho Revised Statutes. We do not agree
with this view.
It is evident that Congress intended that tho remedies
referred to should tie special, and tho decisions of said
courts tinnl and conclusive upon nil the parties in inter¬
est, and upon all the otlicers who are required to issue
tho patont. In tbo ease of tho appeal to the Supremo
Court of tho District it is expressly provided that the
decision of the court “ shall govern the further proceed¬
ings in tho case.” Of course that would require tho
Secretary to unite in the execution of the letters patent.
In the onso of the bill in equity it is provided that
“ such adjudication, if it bo in favor of the applicant
shall authorize the Commissioner to issue such patent on
the applicant tiling a copy of the adjudication.” It is ap¬
parent that tho word “ authorize ” is UBod in n manda¬
tory sense.
If the Secretary has tho power of “ supervisi
“direction ” in all matters relating to the granting and
issuing of patents, ns we have attempted to show, then
he lias the power to exercise that “supervision ” and
“direction” as ho, in his discretion, may see fit.
Ho is not required to wait for a final dccisiou of any
matter before the Commissioner.
PcrhnpB it would bo wiso in him to adopt that rule,
but lie is not bound to do it. Ho may exercise the power
in relation to preliminary orders. In tho case at bar bo
did not do it until the Commissioner had decided to whom
tho patent should issue. .
That decision was not made until , it had boon deter¬
mined in his ofllco that thoro wore no interferences.
There could bo none thereafter unloss sc
it should file an application claiming the ss
tion that Edison claimed, and tho eluinocs of that hap-
' poniug, were not one in ten thousand.
Practically, therefore, tho decision of tho Commis¬
sioner was final. There is nothing in the record to indi¬
cate the contrary, and we suppose that the Secretary will
not go outside of the record to discover orders made by
the Commissioner.
The conclusion which wo have reached is that the Sec¬
retary has the legal right and power to “ hear and deter¬
mine ” for himself whether he will oxoento the patont to
Edison and Prescott.
Wo do not say that ho should reverse the action of
the Commissioner and direct him how he should issi
the patent. It is not necessary that that question should
be determined in this case. But we do say that ho
cun legally refuse to unite with tho Commissioner, and
that brings us to the second inquiry whether the letters
pntent should be issued to Edison and Prescott.
The assignment to Harrington was prior to that to
Prescott. It clearly included tho improvements in quos-
Prcscott had notice of it when ho took his assignment.
If tho inventions wore in esse, at the time of the assign-
o Harrington, it is clonr that they passed to him.
There is nothing in tho record to show that they wore
not then in existence. But lot us assume that they wore
not, nnd we yet maintain that thoy wore transferred to
Harrington nnd that he has tho prior nnd better right.
In support of this, wo dosire to call tho attention of tho
Hon. Secretary' to tho case of Trimble v. The Railroad
Company, 10 Wall. 807, which is analogous to tho one
undor consideration, nnd is founded upon the following
8
Oil the 10 th of July, 1840, one ITowo line! obtained a
patent for constructing the truss frame of bridges. On
the 8d of August, 1840, ho obtained n patent for an im¬
provement on the same.
On tlio 0th of July, 1844, ho assigned to Isaac R.
Trimble, all bis rights in the above patent for certain
States, including Maryland. This assignment was duly
recorded, and conveyed Howe’s right in tlioso words:
“All tho right, title and interest which I have insuitl in¬
vention as secured to mo by said letters patent ; and also all
right, title and interest which mag be secured to me for
alterations and improvements in the same from time to time,
****** the same to bo held and enjoyed by tho
said I. It. Trimble, &c., to tho full end of tho term for
which said letters patent are or mag be granted, as fully
and entirely as the same would have been held and en¬
joyed by mo had this assignment mid sale not have been
made.”
Howo afterwards, and on the 28th of August, 1840,
obtained nnothcr patent for an improvement in tho man¬
ner of constructing these truss frames, which Inst named
patent was extended for seven yoars from tho 28th of
August, 1800.
Tho defendant, tho Philadelphia, Wilmington and Bal¬
timore Railroad Company, during the yenrs 1804, 18G5
and 1800, that is, during the term of the extension of
the patent, made use of tho improvement of Howe, in
constructing certain bridges in Maryland. Trimble
brought suit to recover damages for the unauthorized
use of this improvement. The validity of the patent,
was not questioned. Tho point mndu by the defendant
was that tho assignment of J uly 9th 1844, did not pass
title to tho extension of tho patent of 1846.
Prom tho abovo statement it will bo seen that the ac¬
tion was for an infringement of tho improvement of
1846; that this improvement was not in existence at tho
date of tho assignment by Howo to Trimblo of July 9tli,
1844, and that Trimble had no legal right to tho im¬
provement or. its extension, unless it was given to him
by’ tho assignment of 1844.
Tho purchase and . assignment of a patent gives no
right to the assigneo to use and enjoy an improvement
subsequently mndo upon, that patent. He must also
purchase tho right to use tho improvement. Ho authori¬
ties are necessary upon so plnin a proposition: There¬
fore in the caso under consideration it was necessary, in
ordor that Trimblo should be able to maintain his notion,
to hold that ho had acquired, by tho terms of his n^roe-
mont with Hpwo, a legal right to all subsajuent improve-
meats upon his original ..patents,, and not only that, but
also n right for all terms for which the original or im¬
provements should bo extended, nnd so tho Court did
hold.
Swnyne, Judge, in delivering the opinion of tho Court,
said: “The deed from Howe recites that ho had obtain-
: “cd from the United States two patents for now nnd
“useful improvements in tho construction of truss
“bridges and othor structures, ono dntod.on tho 10th of
“July, the other on the 8d of August, in tho year 1840.
“ Tlie instrument is a deed poll. After setting out the
“consideration, it proceeds us follows: ‘I have nssigned,
“sold nnd set over, all tho right title nnd, interest which
“1 have in said invention, ns secured to me by said letters
“ paten t, and also all right, title and interest which maybe
“ secured to mo for alterations and improvements on tho
“ snmo from time to time, for, to, and in tho following
“ States, viz, Ac., * * * * tho snmo to be held nnd
“ enjoyed, by tho said I. R. Trimble for his.own use and
“ behoof, nnd for the use and behoof of his legal ropro-
“ sentatives to the full end of tho term for which said
n
time, * * * to bo hold and enjoyed * * * to
tbo full end of the term for which said letters patent are .
or may bo granted.”
In the latter it is: “Whereas I, * * * , did Btipu-
lato and agree to invent and construct for the said Har¬
rington full aud comploto sots of instruments and ma¬
chinery that should successfully nnd economically de¬
velop into practical use the Little or other system of au¬
tomatic or fust system of telegraphy, and subsequently
to improve nnd perfect such instruments and machinery,
by adding thereto, from time to time, such further in¬
ventions ns experience should demand nnd my ability ns
an inventor nnd electrician might suggest nnd permit.
* * * How, therefore, * * * I * * » ]>0rcby
assign, set over, nnd convey to him, tho said Harrington,
two-thirds interest of nil my said inventions, including
therein all my inventions of mechanical or copying
printers, nnd of all the patents for nil such inventions
and printers, whether already issued, applied for, or to
bo hereafter applied for, and of nil and whatsoever of
my inventions and improvements, mndo or to be mnde,
of all the patents that may be issued therefor that are or
mny be applicable to automatic tolcgrnph mechanical
printers.”
We think that the construction adopted by the Supremo
Court is conclusive of this case, nnd .following and ap¬
plying it to tho present case, claim that tho assign¬
ment to Harrington covcrod tho inventions in contro¬
versy, und that, his rights aro superior to tlioso of Pres¬
cott. ■
There is another point to which wo desire to call the
attention of the Secretary. It is well settled that an as¬
signee is not entitled to a patent unless bo has an assign¬
ment of tho entire interest in tho invention.
" It is conceded that Prescott hns no such assignment;
« letters patent are or may be granted, as fully nnd entirely
“ ns tho samo would have been hold nnd enjoyed by me
« had this assignment and sale not have been made.’ A
“ careful analysis of these provisions eliminates tho fol-
« lowing results : Howe assigns to Trimble all his title
“and interest in, tho inventions seenred to him by tho
“ two patents mentioned, in respect to the territory
“specified, nnd also all tho right and title which should
“ bo secured to him for alterations nnd improvements in
“ the inventions, from time to time thereafter, for tho
“ same territory, to be hold nnd enjoyed by Trimblo to
“ the fall end of the terms for which patents had been
“ theretofore, or might bo thereafter granted, in all rc-
“ spects as they would have been held and enjoyed by
“ tlie assignor if the assignment had not been made.”
“ The language employed is very broad. It includes
“aliko the patents which hail been issued, nnd all which
“might be issued thereafter. Ho discrimination is mnde
“ between those for tho original inventions, and those
“ for alterations and improvements, nor botween those
“ which were first issues nnd those which were reissues
“ or renewals, nnd extensions. The entire inventions
“ and all alterations and improvements, ami ull patents
“ relating thereto, whensoever issued, to the extent of the
“ territory specified, aro within the scope of tho terms
“ employed ; no other construction will satisfy them.
“ Upon the fullest consideration, we Iiavo no doubt such
“ was tlie meaning and intent of tho parties.”
Tho language employed in tho assignment in tlie
above case and tlie one now under consideration is
identical in signification.
In tho former it is: “ All my right, title, nnd interest
which I have in snid inventions, * * * and alsp.aH
right, title, nnd interest which may bo secured to me for
alterations aud improvements iu tlie same from tiino to
but it is claimed that Edison assigned to himself mul
Prescott. ■ Snell an assignment is a fraud upon tlio low. .
A man cannot assign to himself. ' Any practice that
recognizes such an assignment is pernicious and should
ho abolished. Malus usus abolcndus cat.
The patent should be issued to Edison nlono.
The respective claimants will thereby bo compelled to
contest and establish their rights in the courts, whore it
is evident the case will eventually go, no matter to whom
the patent is issued.
Respectfully submitted,
SMITH & REDINGTON,
Of Counsel.
STATEMENT
Of George Harrington of his relation with
Thomas A. Edison, and his improvements
in Fast Telegraphy.
Represents:— That prompted by the public agitation in
the United States for cheap telegraphy, and the action in
Congress m connection therewith, Mr. Harrington during
nil .official residence in Switzerland for several years ex¬
amined the conditions of European Telegraphy, and its
management under government control
„ return to the United States, in the latter
part ot 18 ,.l, he continued Ins investigations of telegraph
nffuirs, with a view of ascertaining whether it were possible
to meet the demand for cheap telegraphy, and to test the
.lech,,,,. ions ot the oflieers of the Western Union Company,
nnd ot telegraphers generally, that any further material
reductions in the tariff ot charges, would entail large or
serious atiiiiin! losses upon those operating the telegraph •
ami, if such declarations were founded upon fact, whether
there were any means for cheapening the cost of telegraphy,
so as to comply with a demand that was becoming universal
throughout the country.
THE INVESTIGATION DISCLOSED.
First. That all the railways, and the principal highways
and oven many by-ways of the country were lined with tele¬
graph poles, upon which wore placed from ono to fifty
Second. — That these telegraph lines ami equipment,
represented a stock ami bond capital of about sixty millions
of dollars.
Third. — That with every material increase of business,
there bad been, and must continue to bo, a corresponding
demand for nioro capital, for additional lines ami Wires,
carrying with it a corresponding increase of expenses.
Fourth. — That notwithstanding the immense number of
lines and wires, they wero unequal at times for the business
offering.
Fifth. — That the business of the Western Union Com¬
pany, in 18GG-7, was 5,800,000 messages; and in 1873-4,
was 14,500,000 messages, thus proving their business to
liuvo nearly doubled every five years. If we add tlio
business of the competing companies, all of which have
sprung into existence since 18GG, the year when the Morse
patents beenme public property, the telegraph business has
doubled every five years.
Sixth. — That, there were several competing companies,
sectional in their character, while the lines of the Western
Union Company extended to all parts.of the country, over
which wns done about 90 per cent, of tlio whole busi-
Seventh. — ll.nt these competing companies hud lurgely
reduced tlio price for telegraphing, and forced upon the
Western Union Company, similar reductions.
Eighth. — That neither the Western Union Company, nor
the competing companies, for many years bonefitted their
stockholders by the payment of dividends ; and the Presi¬
dent of the Western Union. Company, declared to the com¬
mittee of Congress, that most of such companies were ope¬
rating at an annual cash loss.
Ninth. — That the necessity, ns shown by tlio policy of the
Western Union Company, of removing competitions by
buying up competing liuus, indicated inherent weakness in
that institution.
T'hus far Mi;. Harrington’s investigations led to the con¬
clusion, that cheaper telegraphy was. not within the reach
ol the people.
Tlio next subject that engaged his attention, wns the
methods of telegraphing, and the character, capncity and
cost of operating the telegraph system in practical uso.
With the single exception or a printing system in limited
use by the Western Union Company, and that, as wns
understood mainly m compliance with an unexpired con¬
tract, the Morse system was the only practical system in
the United States.
This system, until 18GG monopolized by patents, wns
amply sufficient for the needs of the tolegraph up to that
dutc, the volume of business being restricted to the wants
of a comparatively limited class, by reason of the high
charges cxuctcd.
_ With the advent of competition, anil a concurrent reduc¬
tion in tariffs, the telegraph business rapidly increased,
causing us rapid an increase in lines, wires and offices, the
only equipment of which wns Morsu instruments.
The Western Union Company were opposed to any, and
all new systems or improvements in tlio method of tele¬
graphing, tliut would involve a new equipment of their
lines, they alleging the great outlay that would bo conse¬
quent thereon, as the cause of their opposition.
With the Morse system there is an average for all the
AVestern Union wires, of not more tlinn ten words per
minute. On the lines between principal cities, from fifteen
to twenty words per minute. (We speak of daily averages.)
These number of words do not employ oue-thirlicth the
capacity oi any wire, notwithstanding which, if the current
business exceeds materially twonty words per minute, another
wiro with equipment, and its corps of operators must be
provided ; and every now wiro entails a costly annual main¬
tenance, which for the year 1873-1, wns officially reported
by the Western Union Company, to have averaged $8.G6
per mile of wiro, aggregating about $1,500,000 per annum,
thus showing maintenance to bo one of the important ele¬
ments in the cost of operating the telegraph.
Mr. Harrington soon satisfied himself that under existing
conditions, the limits of capital investment in telegraph en¬
terprises had been nearly roaohed, and that money for more
lings anil wires could only lie obtained, by existing or new
companies nt great sacrifices.
Under tbeso circumstances, there was but ono of two
courses to bo pursued. Either to crush out competition, nnd
as a monopoly increase the tariffs, so ns to check the expan¬
sion of the business, or to obtain some faster system than the
Morse system, so as to utilize the unused capacity of existing
wires, and thus remnvo the necessity for additions thereto,
anil with it the demand for additional ciipitnl.
Tho Western Union Company pursued the policy first
indicated.
Mr. Orton is justified in his assertions. The Morse sys¬
tem is too slow for tho present day. Its limited capacity
demands too much capital to sustain it, and the immense
number of wires it requires nnd will require for tho present,
and prospective business of tho country, involves such an
annual aggregate outlay for their maintenance as not only
to render cheap telegraphy an impossibility, but that even n
Blight reduction in the tariffs of charges' would operate a
constant and annual loss, and practically destroy the market
value of the property.
Mr. Harrington determined, if in his power, to so improve
the methods of telegraphy by such new devices, or new and
faster systems as should supersede all present necessity for
moro capital, and not only arrest the constantly increasing
cost of operating nnd maintenance inherent to the Morse
system, but il possible, so to reduce current expenses ns
compared with the amount of business transacted, as should
place cheap telegraphy within reach of the people, and at
the Bnme time yield satisfactory returns for the capital in¬
vested.
Not being himself an inventor, this undertaking rendered
it. necessary for him to seek tho highest inventive capacity
equal to tho ends to bo uttuiuod.
Mr. George Little, a well known electrician, claimed to
have made great improvements in . telegraphy, and to have
nvonted a lust system, and Mr. Harrington secured his
inventions and his exclusive services in continuing nnd per
fccting them.
Mr. Thomas A. Edison, of Newark, hnd also mado valua
hlo improvements, and was otherwise represented ns at
inventor of largo inventive resources, and especially convor
snnt with electricity and its application to telegraphy, bu
without the means to meet the expenditures for experiment!
and tests that new inventions demand. Harrington wm
willing to combine his cash capital with Edison’s inventivi
brains, and Edison consented. They entered into a co-part
nership on the 1st of October, 1870, for a period of fivi
years, under the name and stylo of "The American Tele
graph Works," with its factory at Newark.
By his contract with Mr. Harrington, Mr. Littl'o was ti
devote bis whole time to tho development of his fust system,
which he denominated an "Automatic System,” and which
he guaranteed should be a practical success, nnd there wai
no renson to doubt his ability to fulfil his pledgo.
Mr. Edison hnd invented a fast system which he styled c
Duplex system, and hnd illustrated his invention in tlit
columns of the “ Telegrapher.”
Mr. Little was relied upon nnd engaged to perfect the
Automatic system to which his mind hud been devoted for
several years. But it was not yet perfected, nnd Harrington
declined to rely upon improvements solely or even mainly in
that one direction.
Edisoii’s.Duplex invention indicnteil a current of thought
in an .altogether different channel, nnd he pledged himself to
a fust system without specially indicating what the features
were to bo. Mr. Harrington well knowing nnd fearing the
hesitation from motives of delicacy of one inventor interfer¬
ing with, or thrusting himself into tho inventions of another
so framed his contract of October 1st, 1870, ns to cover all
of Edison’s inventions with the exceptions specifically set
forth, and so worded his assignment and power of attorney
as to causo Edison’s general nssistanco, not only to invent
and improve an original fast system of his own, but if
necessnry, and within his power, anil desired by Harrington
to assist in the developments and improvement of tho Little
Automatic system already under the control of Harrington,
ns also of any other fast system, Automatic, or otherwise,
not tile invention of Edison of which Harrington should get
possession;
Articles of co-partnership were accordingly entered into
between Harrington uud Edison, which provided :
Suction- 1. That said parties will he partners as Inventors
and manufacturers of ‘‘all and whatsoever may be required
by the various systems of telegraphy, * * the said parties
to be interested ns owners in ull original inventions and im¬
provements invented, purchased, or obtained by them, or
either of ‘them in the proportions ns hereinafter set forth.”
Sec. 4. ‘‘The party of the first part (Edison,) shall furnish
the sum of $3,000 in the manner set forth, and the party of
the second part shall furnish tho sum of six thousand dollurs
Sec. 6. “ The party of the first part shall give his whole
time and attention, talents and inventive powers to the in¬
terests and business of the firm, and shall admit no other
parties to any direct or indirect interests in, or to any inven¬
tions or improvements made or to be made by him except
such as hereinafter set forth, but all such shall enure and
belong to tho parties of the first and second part ns above
sot forth, in the proportions sot forth in section sixth of this
indenture.” (The exceptions referred to, were gold and
stock reporting inventions.)
Sec. G. Sets forth the proportionate interests as one-third
to Edison, and two-thirds to Harrington.
Seo. 8. Sets forth that, “ in all that relates to the finan¬
cial affuirs of the firm, and business and the disposition of
the products of the fuctory * * shall bo performed or up-
proved, controlled uml directed at his option by tho party
of the second part," (Harrington.)
The active operations of tho firm wore forthwith com¬
menced, and thereafter pushed witli great vigor— a factory
having been fitted and furnished with, costly machinery^
prior to the end of October or within thirty days from the
date of co-partnership, tho main object of which wns to
.experiment, make, test and perfect new inventions' and im¬
provements of various kinds in connections with “ the various
system of telegraphy.”
During the six months succeeding the date of co¬
partnership, Harrington advanced more than thirty thou¬
sand dollars in cash, which onnbled Edison to mnko and
perfect various telegraph inventions nnd improvements ;■ and
many more and much larger expenditures worn in contem¬
plation.
In order to- secure tho capital thus- invested', and'
expended together with the continued1, and' grenter advances'
thereafter to be made, and tho rights of Harrington in con¬
nection therewith, the- said Edison in good lhith and in
pursuance of his agreement ns set forth in tho articles of co¬
partnership, duly executed an instrument in writing, which-
referred to, and set forth and recited certain provisions of
suid contract or articles of co-partnership, nnd ' thereupon
reciting that the said- Harrington lmd faithfully complied
with all his stipulations and promises,' did then and- therein-
assign and set over- to said Harrington two-thirds interest
anil ownership of nil his (Edison’s,) inventions, made nnd to
be lntide, and declared that tho patents should issue to
“said Harrington and myself (‘Edison,’) in the propor¬
tionate interests of two-tliirds to said Harrington and- one--
third to myself (‘Edison,’) tho whole to bo under tho sole
control of said Harrington.” And he furthermore then nnd
therein constituted and appointed tho said Hiirrington his-
only attorney' irrevocable; with power to- subsitutc, to sell,
assign, transfer and: convoy his— Edison’s— said' one-third1
interest in conjunction with Hnrrington’s-two-thirds in such-
manner, and to such cxtent.ns ho, Hurrington, might think-
proper-for their mutual benefit,.
In tho current opcrntionB-ofthe co-pnrtnership nnd: the-
continuity- of’ inventions, that is to- say, early in 1874
Edison iuvented a fast system of telegraphy, by menus of
which- four times tho business- can- bo done-over- ono wiro,
than can be done by the Morse system. . -■ . . .
Stearns, looking to the same end ns Harrington, via:
greater utilization of wires, invented a fast system by which
tlie work of two wires could bo done upon one, thereby
effecting as claimed an economy of fifty por cent. This
he denominated the “Duplex System."
Wlieatstouo of England invented a fast system which is
equal to from four to six Morse wires for short distances.
This is operated by machinery ns is Little’s, and is known
ns Wheatstone's or the English fast system.
Edison's invention by permitting four times the amount
. of business to bo transacted on one wire on long nnd short
distances, than can bo done by the Morse system, effects a
saving in wires of seventy fivo per cent, and, will permit
the volume of business to increase four fold before there
will be an occasion for more capital, if existing wires are
used or if new linos nnd wires are erected, but about one-
fourth the capital will suffice. This fast system lie dis¬
tinguished by the name of “ The Quadruplcx System.”
We hold therefore that these Duplex nnd Qundruplex in¬
ventions are included directly within the terms of the nssign-
ment and power of attorney to Harrington from Edison,
even though it ho interpreted alone nnd without reference to
the contract before alluded to. This assignment of 1871,
refers principally, to quote from it, to “ the Little or other
system of automatic, or fast system of telegraphy.”
A review of the circumstances under which it was made,
and the objects in view in making it, will aid in.fairly con¬
struing it; nnd these arc matters allowed to be introduced
m construing such documents. When it was made, Mr.
Harrington wns endeavoring to .find the road to cheap nnd
economical telegraphy. Hot, only did lie incur, heavy pecu¬
niary obligations in obtaining nnd perfecting inventions, but
in addition to . the establishment of a , complete factory, he
obtained control of an independent telegraph lino, of one
wire extending from Now York to Washington, on, and
arcade hBC°Uld *** inventions
iv of the great facilities possessed liy the Western
| Mnion Telegraph Company nnd its practical monopoly of
telegraph business, there wns but one way possible to secure
the capital fora rival company, and obtain n share of the
business ; this was by adopting or devising such arrange¬
ments ns would enable a rival to offer to do the work at lower
rates ; to offer “ the most telegrnphing for the least money."
But no such advantage could bo offered if the ordinary
Morse system was adhered to nnd used. The capacity of
i any single wire used with such system wns well known, had
; been accurately determi ned and the rates based on such data.
In nn editorial, the “Journal of the Telegraph” of January
15th, 1875, (this Journal is published by and is the official
organ of the Western Union, nnd under the charge of Mr.
Prescott, the Electrician of the Western Union Company,)
snys, “the old system, ( i . e. ordinary Morse,) of telegraphy,
allowed a single Morse wire in n lively circuit to average per
i hour about forty messages of twenty words ench.” Hence
| if rates were to be reduced, a necessity on the part of Mr.
| Harrington, it could only bo done by increasing the capncity
; of the “single Morse wire," so that many times the “forty
i messages" above referred to, could be sent thereon in ono
hour.
To accomplish this wns the object of the Harrington and
Edison contract. Any such increase of capncity was called
“ fastness," and any system so increasing the capncity was
called “fast." This term “fast” had application to capacity
only, to the number of messages transmitted over a given
wire in a given time, taking the old system as the standard ;
for by no means could tho speed of the electrical impulses be
increased, but more of them could bo sent ovor the wire in a
given time.
i ■ When this assignment wns mado, Harrington controlled
Little’s so called “Automatic system," ono of the “ fast
systems." This system Mr. Harrington was experimenting
with under tho immediate direction of Mr. Little. But
there wero other systems by which tho snmo result (increase
of capacity) could bo, in a measure, obtained.
10
Mr. Ellison had' already investigated tlie Duplex — hail in
18G8 invented a now form thereof, which he published with
diagrams in tho “The Telegrapher” of that year. So thoro
i was milled thoreto, as covering these other systonispind
\ having in view the result aimed at, tho words “or fast sys-
'tems of telegraphy.”
That “fast systems" includes all systems, plans or
methods for increasing tho capacity of the wire, lius never
boon soriously denied, unless personal interests demanded it.
In fnct, when such interests have been lost sight of, this
definition of “fast" has been given by nil electricians and
telegraphers : even by Mr. Prescott, who in this case con¬
tests it, anil by Mr. Pope. These two gentlemen control tho
Electricnl and Telegraph Journuls of this country— Mr.
Prescott controlling, as Eleetricinn of the Western Union
Company, its organ “Tho Journal of the Telegraph,” and
Mr. Popo controlling “The Telegrapher,” generally recog¬
nised as an independent Journnl.
In the Western Union “Journal" for September 15th,
1874, is an editorial commencing as follows :
"Past Systems of Telegraphy."
“ 0llr present issue contains a pnper on Automatic Tele¬
graphy, by George 13. Prescott, copied from the ‘Scientific
American ’ of November oth, 1870, and an article on multi¬
ple .transmission from ‘Sabine’s Electric Telegraph,’ 1809,
giving an account of the various attempts made in Europe to
produce a practical system for tho transmission of two mes¬
sages in one direction, on one wire, at the same time.”
. “ltw '‘general reference to Mr. Prescott’s descrip¬
tions of the “Automatic,” and of the Multiplex systems, it
goes on ns follows, concerning the Qunilruplex :
“ During the past few months Mr. Gl-orge B. Prescott and
Mr. Thomas A. Edison linvo been industriously at work
upon their new Quadruplcx Telegraph, and having finally
hwill ben "'“r-1'1 “,0 W'ly of ita laical success!
it will be at. once put, in operation between all important
places upon tli.o Westorm Union linos. As an evidence of
tho great value it will bo to tho Company in tho successful
*11
handling of its immense traffic, wo will mention that 402
messages taken at. random from tho current business of the
day, were sent ovor a single wire three hundred miles long,
and copied in a good legible hand in one hour and a half.
Four operators wore employed in sending, mid four in
receiving. The messages were of average length, anil fairly
represented the ordinary correspondence of tho lines'. The
operators were all first-class, anil worked ns fast as they
could, one of them receiving 90 messnges in an hour. They
could not, of courso, keep up this speed all day, but they
demonstrated the fact that they could do fully as much busi¬
ness on ono wire with the Quadruplcx, ns they could on four
wires with tho ordinary Morse apparatus. With a system
which can quadruple the capacity of all tho main arteries of
communication which the Company possesses, what esn stand
in the wuy of its growth and prosperity? And in view of
this fact, of what possible value are any of tho Automatic
systems which are so noisily and persistontly kept for snle
before an unappreciative public I”
Thus grouping under tho term “fnst systems,” tho vari¬
ous “Automatic,” “Multiplex,” “ Duplex ” and “Quad-
rnplex” telegraphs, and this in tho official organ of Messrs.
Orton and Prescott, whose testimony on this point we are
willing to accept. Then, as commenting on this nrticle, an
editorial appears in the Telegrapher of September 20th, and
27th, in part as follows :
“ The Edison and Prescott Organ and Fast Systems of
Telegraphy.
“Tho Inst number of the Journal of the Telegraph , venti¬
lates tho ideas of Messrs. Edison and Prescott on tho subject
of “Fnst Systems of Telegraphy,” at considerable length.
“ Wo havo not spaco to follow out tho subject, and will only
say that Mr. Prescott, in his second attack upon automatic
telegraphy, has not bettered his ense, and substitutes asser¬
tions 'which experience has disproved for nrgumont.
“But it is when tho achievements of Prescott and Edison
. came under consideration that the writer warms up to his
theme. ' The automatic inventions of Little, Wheatstone j
and others sink into insignificnnco alongside of the great . jl
' quadrupled invention/ which is hound to at onco revoln- 3
tionize telegraphy, and carry the inventors, the Western ■?!
Union Telegraph Company, and all concerned, on to glory 'm
and fortuno. When this great invention is fully developed,
all other fast systems of telegraphy must subside into insig- \
nificnuco, and disappear from the face of the earth liko the ' .V?
dow before the morning sun.” .
Including again these same systems under tlio general
heading, “ Fast Systems." ' > C
Again, in the Telegrapher of January 2nd, 1875, is an > ■?
editorial in pnrt, ns follows :
The discussion of Fast Telegraphy. $
“As will he seen from the columns of the Telegrapher, the
discussion ot the automatic, duplex and quadruplex inven-
tions und systems is exciting much interest. We arc pleased
to open the columns of the Telegrapher to this discussion, l
as nothing can more interest the telegraphic fraternity, and, Si
in fact, every person connected with telegraph interests, than |J
Jthe development ot the host telegraphic system, and that !'■«
’ which shall bo for the best interest and advantage of all !
concerned.” 5*
Classing under tho general heading “fast,” the auto- :i
matic, duplex and quadruplex.
In tho same paper, January 16, 1875, is nn editorial from >§
which tho following is nn extract : IS
“ The question ot fast telegraphy, or automatic, duplex and 4
quadruplex, durives much of its. interest and importance |
from the udvuntngc which it may atl’ord to tho competing ■
parties. It is reasonable to suppose, therefore, that neither 1 1
party will neglect any opportunity to strengthen itself in I
this respect.” I
■ I
Thcso definitions of “ fast " ns applied to telegraphy, are k
the official utterances of tho two Journals in this country, |
which are the recognized authorities on this subject of tole- I
grnpliy, and they derive their weight from the fact, that
tlioy wore written for these journals, to becomo pnrt of tho
standard and current history of telegraphy, and they were
not written under the bias of interest, either as clnimnnt or
export. They show conclusively, that tho applications
which Mr. Harrington now claims to have issued to him,
fall clearly within tho provisions of tho assignment, under
which ho claims. On this point both Mr. Harrington and
Mr. Edison are agreed. They have complied fully with all
oflico requirements. They have requested tho issue of the
patents, as per tho assignment of 1871, and no number of
assignments sinco made to Mr. Prescott or anyone olso,
should bo allowed l>y tho office to work detriment to Mr.
Harrington’s interests.
Whatever cxcuso thoro might liavo been for others,
through ignorance, etc., to attempt to deprive Mr. Har¬
rington of his rights, there was none for Mr. Prescott. Ho
know of the assignment — it was not. only of record, hut it
was also a matter of public notoriety — ho knew it included
all fast systems of telegraphy, and lie know- that these wore
fust systems. The question may bo asked, then why did not
Mr. Harrington sooner move in tho matter? Hot only was
Mr. Harrington absent at tho time, but reference to the
editorial extracts beforo given, and to bo hereinafter given,
will show that they always stated, that Mr. George B. Pres¬
cott and Mr, Tliomns A. Edison had invented certain things,
that is, Prescott and Edison were joint inventors, nnd Mr.
Harrington has evidence that tho original contract in their
cases were so prepared, This was skilfully done to mislead
Mr. Harrington— it was tho first plan to deprive him of his
logul and equitable right to theso inventions. He was to bo
led to believe that thcso things were the joint inventions of
Prescott nnd Edison, and that whatever claims ho might
have upon the inventions of Mr; Edison, ns solo inventor,
he had nono on those of Prescott and Edison as joint in¬
ventors.
As soon as ho learned from Mr. Edison, that notwith¬
standing the newspaper puffs, and the many assertions in
Mr. Prescott’s paper, that, in reality, Mr. Prescott had
invented nothing whatever therein, nnd Mr. Harrington
took steps to protect his interests.
Before concluding, it may ho well to give a few citations,
showing that all systems have been judged by their capacity
to enable in a given time, more work to be done upon a
single wire; — that “fast” referred to such capacity, and
lienee Messrs. Prescott and Pope ns Editors, classed “auto¬
matic," “multiplex," “duplex” and “quadruples" under
the general heading, “fast systems.”
“Mr. Cully, the engineer-in-ehief of the British Postal
Telegraph Department, says : That the automatic system,
as it is at present employed by the post-oflicc, in its tele¬
graphic correspondence between London nnd the principnl
cities, works at a speed of from twenty to one hundred nnd
twenty words per minute. But when the land line is in¬
creased to three hundred miles, with sixty miles of cable in
the circuit, the speed will be only from forty to eighty words
per minute.”
Here, “speed” is used as referring to capacity for busi¬
ness.
In Mr. Orton’s annual report in 1804, he lauds the quad- '
ruplex on account of increased capacity.
****** “But the past year has produced an inven¬
tion more wonderful than the duplex. Mr. Thomns A,
Edison and Mr. George B. Prescott, the electrician of the
company, have discovered processes nnd invented apparatus,
by means of which two messages cun be sent in the same
direction, and two other messages in the opposite direction,
simultaneously upon one nnd the same wire. ThiB inven¬
tion, which they hnve christened the Qundruplcx, has boon
in successful operation between our New York and Boston
offices for the last two weeks, and is satisfactorily perform¬
ing an amount of work upon one wire, quite equal to the
oapncity of four wires worked with the ordinary Morso ap¬
paratus.” *****
Extract from Journal of Telegraph, (Western Union' Organ,)
January 16, 1876.
***** <<Tlle old system of telegraphy allowed a
single Morso wire, in a lively circuit, to averngo per hour,
about forty messages, of twenty words each. A message going
one way or the other occupied the wire to the exclusion of
every other message. ***** But the value of the
quadruplex system will be readily inferred, when wo state
that there were sent and received, simultaneously over a single
wire, two hundred and thirty-three messages in one hour.
The messages sent and received, were such ns constitute the
every-day business of the Western Union offices, and, sup¬
posing them to nverngo twenty words encli, we have an
aggregate of four thousand six hundred and sixty icords over
a single wire in sixty minutes — a wonderful achievement in
telegraphy." *****
Extracts from Editorials in “The Tclgraphcr,"
* * * * «'pi,u chief advantage to bo derived from auto¬
matic telegraphy, nnd the way in which it is to bo utilized
in tiio reduction of the cost of telegraphic service, is in
increasing very largely tho capacity of telegraph lines for
the transmission of business. It has beon well said by Mr.
Orton, in his official reports to the Western Union Telegraph
Company, that tho demand for tologrnphic sorvico increases
• so rapidly that it lias become a serious problem, how this
demand was to be met without such a constant addition to
tho wires us is not only difficult to be mndo, but which
seriously diminishes tho profits to bo derived from; tho busi¬
ness. Tho duplex lias for a timo mot this domund with
that company, and they aro now striving to still further
solve tho problem with the quadruplex. It can, however, in
our opinion only bo fully solved by tho automatic system,
and this will eventually' become a leading telegraph system
in this country.” ***** November 21lh, 1814.
* * * * “It will bo noticed that Mr. Eckert vory plainly
intimates in his curd to The Tribune, that it is his expecta¬
tion to be able in his now position to give the public cheap
telegraphy; With the quadruplex and the automatic sys¬
tems, both of which nro to ho adopted and used by the
Atlantic and Pneifio Company, if necessary or advantageous,
it is expected to so greatly increase the capacity of the lines
for business as to mako feasible low rates for telegraphic
servico.” ***** January 23rd, 1875.
Mr. Granville in the “ Telegraphic Journal " of London
in an article on “ Duplex Telegraphy ” last year said.
* * * * “ A further reason for the invention not being fol-
dh It may bo well to. notice that in somo cases “ automatic’*
M °nd “ fast ” have boon UBed ns apparently synonymous, but
' f| an investigation of each case where there is such appenrance
jp will show that it is only a more appearance: that the word
■ | “ fust” is used in ouch instance by somo one interested in
some system of Automatic Telegraphy, or in some portions
thereof, which he pulls ns “the fast” system, using the
word as a glorification of his particular wares, just ns somo
of the sewing machine companies advortiso thoir machines
lowed up may be found in the fact that the traffic of those
days was easily met, and telegraph engineers were not
goaded on to investigate the difficulties attending the intro¬
duction of a system which, by enabling lines to perform
twice their previous amount of work, has virtually doubled
the efficiency of the wires in use.”
* * * * “It is reckoned equal in importance to the dis¬
covery of Stcinheil, who demonstrated that return wires
could be dispensed with by the use of enrth plates. In
resultant effects the ‘duplex’ is strikingly similar to
Stoinhoil’s discovery, since both have doubled the resources
of telegraphy — the former directly, by actually doubling the
working capacity of wires ; the latter by halving the lengths
of lines, inasmuch ns return wires were proved to bo no
longer needed.” *****
The above and tho citations previously given show three
things : ~
1st. That tho value or merit of various telegraphic sys¬
tems has been determined by a comparison of capacity with
tho ordinary Morse.
2nd. That all whose capacity was increased ovor this
standard, wero grouped authoritatively under tho general
head, “fust systems.!’
3rd. That “ fast systems ” embraces the sub-heads :
“ Automatic.”
“ Multiplex.”
“Duplex.”
“ Quadruplex."
as “ the best,” eto. In this sense Mr. Harrington himself
1ms called the Little system “ the fust ” system, using “ tho
fast” as u superlative adjective t. e. that it is tho fastest of tho
fust system, and not us u synonym for another name for a
class. • He has. used it (i. e. “ tho fast”) as one superlative
just as Mr. Orton hns used “ tho slow ” ns another superla¬
tive : ench form expressing individual views, and not per¬
taining to the formation of synonymous nouns or names.
This kind of use of tho adjective “fast” is shown in tho
following extract from an editorial in tho “ Telegrapher,”
October 30th, 1874, criticising a letter of Mr. George Little
to Mr. Orton.
* * * * “It will be seen that Mr. Little, while admitting
Mr. Orton’s assertions in regard to the chemical paper sys¬
tem of Lain, or the later one of Prof. Wheatstone, not being
covered by controlling patents, argues that his American
system now used by the Automatic Telegraph Coinpuny, is
a very different and the only really fast telegraph system,
and is completely covered by his patents." *****
Mr. Little lind written ns follows in the sumo number of
tho Telegrapher.
“You say, of ‘ fast ’ telegraphy : ‘ This is a favorite
designation given by its friends to wlint is better known as
the automatic system. Why it should bo called 1 fust ’ I
have never boon able to comprehend.’
“I will now proceed to explain to you why this system of
telegraphy is ‘fast’ and works equally well, if not bettor,
during such storms as would scorn to render other systems
unreliable, and somotimes useless.”
Jinny other extracts might bo given, nil showing this ad- !.
mitted uso of tho word “ fust ; ” but, ns before stated it will ,
bo apparent tlmt no one of them claims to define “ fast” ns <
applied to systems of telegraphy, but that they only give, |
so to speak, the dealer’s puff of his own wares — his own
opinion of his one of many systems of telegraphy having
the same object.
We think n careful consideration of theso points, estab¬
lishes conclusively the fncts that the assignments to Jlr.
Harrington, covered any and nil fast systems of telegraphy.
That those in which capacity for business is incrcnscd over X
the old Jlorso standard are “fast systems.”
That among theso fast systems are the various “ Auto- p
mntic,” “ JIultiplex," “ Duplex ” and “ Quadrcplex ” sys- g
terns. Hence, that patents on theso applications should |
issue to Jlcssrs. Harrington and Edison jointly. f
And further, in point of fact, both Jlessrs. Harrington ?
and Edison having requested the Hon. Commissioner to so
issue tho patents, and this assignment having been n matter
of record and of public notoriety for over threo years before !
tho alleged assignments to Prescott, that he, Prescott, has no
rights whatever in these applications, or lawful stnnding
before the office where they are concerned.
So far as Jlr. Prescott is concerned ns may be said, (hat
lie held himself out to the public, in a journal under his
own control, ns a joint inventor, when in fact he knew he -J
was not such joint, or any, inventor ut all. J
And furthermore, that tho President of tho Compnny of 1
which Mr. Prescott is Electrician, has so held him out to |
the public in his official report to the stockholders of tho -fj
Western Union Telegraph Company. 'J
On this point wo are justified in entering somewhat more ;|
at large. s
Jlr. Harrington, by searching investigation, made him- : |
self thoroughly acquainted with the .condition of the tele- |
graph property in tho country, as also of tho details of tho ?
methods or systems of telegraphy, their cost of operating, I
19
their deficiencies and defects, and what was requisite to meet
tho growing demands of tho telegraph business, stimulated
us it might be by material reductions in charges to a point
offering cheap telegraphy for tho whole people.
We hove shown that tho Jlorse system — the only system
iu general use, and for which all the telegraph offices of tho
country were fully equipped — is radically defective, in being
of limited capacity, thereby involving great waste of wire
capacity, in its great cost of operating, including annual
maintenance of lines and wires,, us compared with tho
amount of business transacted, and in its unceasing demand
lor more capital.
Wo have shown also that tho Western Union Company
were opposed to tho introduction of new systems for reasons
' And we think it clear that fust and economical systems
mid reduced charges huve become a necessity to the con¬
tinued existence of any telegraph company, and especially
to the Western Union Company, which has such a vast
amount of idle and unproductive capacity in their existing
expensive network of wires.
Equally is it a fact that Jlr. Harrington, at great cost in
time and money, bus succeeded in developing such new de¬
vices and new systems, ns will fully meet tho requirements
for cheap telegraphy, by reducing the demand for capital and
the current cost of operating to a minimum.
■ Upon nil occasions, in public and in private, tho President
of the Western Union Company, ns Harrington has been
reiieatcdly informed and believes, bus ridiculed liis inven¬
tions and denied their claims of superiority us advanced by
Bccognixcd ns the superior authority in telegraph matters,
the Western Union Company, by its officers mid representa¬
tives, and especially by its President, Wm. Orton, and its
employee, Geo. B. Prescott, succeeded in misleading the
public by creating the belief that the representations of
Harrington and' his associates, Jlessrs. Little and Edison,
wore without basis in fact, and they thereby seriously, em-
bnrrassed Harrington in his pecuniary n flairs, an embarrass¬
ment which was ovorcomo only with groat difficulty.
These inisroprcsontations Anally culminatod in an official
attack upon the inventions controlled l>y Harrington, which
was contained in an open lutter from the President of the
Western Union Company to the Post Master General of the
United States, and by that Company published and spread
broadcast throughout thejand.
Then and for the Arst time was Harrington induced for¬
mally to notice the attacks made upon his property from that
authoritative source.; not by wordy denials, nor by meaning¬
less correspondence, but by an open and practical test of the
statements of Mr. Orton, intended to bo detrimental to' the
property which Harrington had obtained with so much labor
and at such great cost.
That test pas made in presence of several distinguished
gentlemen, whose integrity could not Ire impeached, and
completely refuted every assertion of Mr. Orton. This was
followed by public discussion and further developments,-
which indicated that if the Western Union Company would
maintain the supremacy which up to that time had been so
fully accorded, they must inaugurate the economics which
Mr. Harrington had demonstrated were in reach by his fast
systems, but impossible with any system controlled by that
Company.
Thus the devices and systems under the control of Mr.
Harrington were fast attaining n commanding position, not¬
withstanding the unceasing opposition of Mr. Orton.
Mr. Orton had placed upon record before the public, his
Stockholders and Board of Directors, his assertions and
statements, that there was no merit in the new devices and
systems, and ho lmd also repeatedly declared that he could
and would prevent capital from enlisting in their extension.
Wo have cited, the most prominent of his attacks upon tho
merits of these inventions and dearly proved -that they were
baseless fabrications.
. We may hero cite and prove one of hut more liusuccoss-
ful movements to frustrate the eltbrts of Mr. Harrington for.
the extension of liis systems.
" In pursuance of bis plnns, Mr. Harrington made n com-
tract with tho Pacific and Atlantic Telegraph Company
whose lines extended from New York, via Philadelphia nn(
Baltimore, to Pittsburg, Chicago, St. Paul’s, St. Louis
Cincinnati and Memphis, to New Orleans, for the introduc
tion thereon of his new systems.
As soon as Mr. Orton learned of that contract, in fulfll
meat of his threat to prevout capital from associating rvitl
Mr. Harrington, lie purchased a suflicicnt amount of tho
stock of that Company to incorporate tlioir lines in tho
Western Union system, notwithstanding neither the lines
wires or officers were required by that Company for its cur
rent business, and with the full knowledge that with tlio
Morse system they had been operated at an annual loss.
In his annual report for 1873, reiterated in thnt of 1874
in which this absorption of the PuciAc and Atlantic Com
pany was announced, Mr. Orton, after declaring that “a
the rates now established it is impossible for nny competing
company to realize proflts,” adds: “ the extension of com
peting lines has ceased, and it is not believed thnt capital
can be found wherewith to inaugurate new enterprises in
any quarter. The time is not distant, therefore, when the
Western Union Company will bo without a substantial com¬
petitor in the conduct of n business which, notwithstanding
tho enormous growth of the last seven years, is still in its
infancy."
Mr. Harrington frankly admits and declares that lie has
been greatly embarrassed and delayed, by the opposing
efforts of Mr. Orton, and that ho hns been subjected to large
losses in conscquoiico thereof, and ho is now called upon to
resist what, ho beliuves to lio a deliberate conspiracy to
doprivo him of property of great value.
- As hns been shown, the conviction wns forced upon Mr.
Ortou, that the Western Union Company wns necessitated to
control some fastor system. They owned tho “ Duplex’’ of
Stearns, tho immense advantages of which were sot forth in
tho Wcstorn Union Boport of 1873, in laudatory mid some¬
what extravagant language. . But with nil its advantages,
Mr. Orton sayB, in , that same report, “During * * tho last
three weeks our wires between the principal cities hnvo been
tnxed to their utmost capacity, nml if we had doublo the
number on some routes they would hnvo been insufficient."
In the report of 1874, Mr. Orton quietly declares tlint
tlicro nro some serious defects in their Duplex which impairs
its efficiency.
Forced to notion, and having utterly condemned American
improvements, Mr. Orton’s failing health led him to Eng¬
land, where, according to authentic information, he at
once opened negotiations for the purchase of the Wheatstone
fast system. In this ho failed.
Some timo previously Mr. Hnrrington had thrown open
his one-wire lino between Now York and Washington, and
intermediate cities, giving 20 word messnges for 25 cents,
for which the Western Union charged 70 cents.
In the appendix to liis annual report of 1873, Mr. Orton
makes an exhibit of the cost of operating the Western
Union lines by their system, showing that cost for two items
to be 32J cents for 10 word messages, and declurcs that “ no
amount of telegraph business at 24 cents a mossnge, which
it would have been possible to handle, would have yielded
sufficient money to pay salaries of operators and messengors,
and cost of maintaining lines,” adding, “ nny considerable
increase in the number of messages involves the provision
of additional wires, and, as the mileage of poles and wires
increases, the aggregate coat of maintenance increases."
Increasing the number of words in cnch message hns, of
course, the same effect as increasing tho number of messages
each with fewer words; Mr. Hnrrington had not only given
double the number of words to each messngo, but had
reduced the charge therefor from llaltimorcand Washington
to Now York about 04 per cent.
The power of tho Western Union Company, wielded by
Mr. Orton, to obstruct Mr. Harrington’s progress, potent
as it was, had its limit; It could neither repress the
energies and perseverance of Mr. Harrington nor suppress
tho merits of the inventions under his control.
On his return to tho United States, Mr. Orton ascertained
that Mr. Harrington had so far advanced his plans, as to
render probable tho extension of his systems in the imme¬
diate future, and with them reductions in tho tariff of
charges similar to those between Washington and Now
York, which Mr. Orton had declared would bo simply
ruinous.
Having failed in obtaining the Wheatstono fast system,
and failed in otherwise defeating Mr. Hnrrington, Mr.
Orton, well knowing that Mr. Hnrrington controlled tho
Edison’s invention, sought and obtained an interview with
a representative of Harrington, with a view of negotiating
for the purchase and transfer to tho Westorn Union Com¬
pany of tho Edison inventions nnd patents, and thus reliev¬
ing. his Company from threatened disaster.
The Automatic system had been perfected to a degree that
was capable of utilizing tho entire transmitting capacity of
tho wire. With it there may bo transmissions both ways at
tho same timo at a rate of speed which rondors each wire
equal to from twenty to fifty Morso wires at will of the
operator.
The calling of offices, and the Automatic signals, for the
“number of messages to bo sont,” “go-ahead,” "0. K,”
etc., arc made with Morse.
If transmission is mndo both ways at tho samo timo, and
by more than one instrument, tho Duplex or Quadruplex,
Morse must he used, giving to each transmitting instrument
its independent power of signalling.
Mr. Edison early in 1874, made the inventions for trans¬
missions automatically both ways at tho snmc time, nnd also
for the multiplex transmissions of signals. - One was an
improvement of tho Automatic systuin, nnd the other was
an improvement of tho Morse system, applicable to auto¬
matic purposes.
The systems nro distinct. Tho Morse, whother singly,
duplexed, or qundruploxed, is still the Morse system, though
that term applies only to the single transmission. The other'
inventions come within the generic name of “ fust ” und nro
denominated by tho distinguishing titles of Duplex and
Quadruplex. Of the various fast systems, Mr. Orton pro¬
nounces the Quadruplex the fastest .
■ Mr. Orton was informed that the patents for Edison's
Quadruples had not then been applied for, and ho nppears
to lmvo concluded that if he could secure those patents, and
thus multiply his capacity four-fold, he .could announce a
fast system that would supersede for the present nil necessity
. There is reason to believe that at this time ho caused a
carelul investigation ot the relations between Harrington &
Edison, and was informed tlint Mr. Edison's inventions were
all controlled by Harrington.
Hut the Quadruples hnd not been pntented, and if those
pn tents should be issued, not to Edison ns tho sole inventor,
but jointly with some other party subservient to the Western
Union Company, they might bo controlled by that Company.
The party to carry out this design wns George B. Prescott.
In tho- absence of Hurrington, Messrs. Orton and Pres¬
cott, upon -the assurances that ho had a right so to do,
induced Edison to admit Mr. Prescott, as a co-inventor, nnd
they entered into a contract to that effect, which bears dnte
the 9th July, 1874, which recites, “Whereas the saiil
Edison and Prescott are the joint inventors of certain
improvements in telegraph apparatus.”
An act on the part of Orton and Prescott so unjuBt, bo
derogatory to the well known rights of Harrington, and so
inconsistent with fact and common honesty could not bo per¬
mitted to pass unheeded, and therefore Mr. Hurrington alter
his return to New York, and ns soon as he ascertained that
tho ‘ joint inventions” ol Prescott and Edison, ns publicly
proclaimed, referred to tho Quadruples of Edison caused
Mr. Prescott to be informed that any patent issued under
such claims would bo invalidated, and Harrington further¬
more declared that if Prescott made and subscribed to the
path prescribed by patent regulations as co-inventor, ho
would proceed against him. criminally.
Subsequently, Mr. Prescott thought proper to abandon his
claim as inventor, but unknown to Harrington, mndo a new
contract bearing date the 19th August, which sets forth
Edison ns the boIo inventor, and describes Prescott os
asm nee and equal and joint owner ; .but. the official organ
of the Western Union Company, and other journals, con¬
tinued to announce Mr. Prescott ns joint inventor, and that
tho property was controlled by tho Western Union Com¬
pany.
Tho contract in question is pcculinr. It is not claimed
that Prescott paid any consideration whatever, or stipulated
to pay any for this valuabla property ; and Edison doubting
liis power in tho premises, und unwilling to do anything
that might be injurious to Harrington, caused the contract
to be so worded ns to retain in his own hands the control of
said inventions, liy stipulating in clear and unmistakeable
language, that said Prescott should have no power of dispo¬
sition in any manner whatsoever, without his written con-
It is nowhere claimed or alleged tlint Mr. Edison has ever
«» giv«u the “written consent” for. the disposition of the
property to the Western Union Company; but the same
%ff necessities that prompted Mr. Orton to take the steps, already
herein recited, to obtain possession of tlieso inventions, com¬
pelled him, when the contract was executed, to announco
or authorize to be announced in his official organ nnd else¬
where, tlint the Western Union Company controlled a now
and tho fastest system of telegraph extant — tho joint inveu-
Ition of Prsccott nnd Edison, — und subsequently embodied
tho same statement in his October, 1874, annual report to
his stockholders.
For this there wns no justification. With n purposed
vagueness, however, the Bill which tins been filed in thu
Circuit Court of the United States in New Jersey recites,
that at some indefinite time und place, in the course of some
indefinite conversation alleged to have taken place some¬
where from six to twelvo months prior to the said contract
with Prescott, Mr. Edison said lie would improve- the
“Duplex."
On tho of December, 1874, without tho knowledge
or consent of Harrington, Mr. Orion, according to Exhibit
A of tho bill, paid to Mr. Edison, the sum of five thousand
dollars on account, of certain inventions, the joint produe-
tion of Prescott aud Edison, for which Mr. Edison gnvo a
receipt, - • •
Lot us examine this receipt :
It clearly Bets forth, that the payment wm on account of
devices or telegraph apparatus, the joint invention of Gcorgo
B. Prescott and Thomas A. Edison. Either such payment
did not apply to the quadruples inventions of Edison, which
Mr. Prescott declared over his own signature, on the 19th
August previous, to have been tiie sole invention of Edison,
or it was a continuation of the deception on the part of Mr.
Orton, which is so apparent in this whole transaction.
Assuming that, the payment was on account of quadru¬
ples, as now claimed hy Orton — the money was received
hy Edison, with a qualification and a proviso, via: Provided
the terms of payment shall he satisfactorily adjusted ' be¬
tween the parties, and the said telegraph company.
Thus wo have an acknowledgment, that at tliis date, De¬
cember , 1874, tliero had been no agreement us to the
price to he paid for tlio property, and that it was left op¬
tional with the parties ou either -side,- to terminate tlio
negotiation at will.
The hill then sets forth
on the 10 th December, 1874, Messrs. Edison and
joined in a formal proposition in writing, em¬
bodying tlio terms upon which they would sell to tlio Wes¬
tern Union Company the inventions in question.
Had that proposition been accepted; had the Western
Union Company agreed to the terms or price theroin set
forth, as satisfactory to Prescott anil Edison, there might
have been, in tlio absence of prior ownership in Harrington,
anil all freedom from fraud, some grounds for asking u com¬
pulsory process to compel Edison to trausfer.
But it is not claimed, that the proposition was accepted.
On the contrary, it appears by the allegations of tlio bill,
that some five weeks after tlio receipt by Mr. Orton, of the
joint proposition referred to, that is on tlio 19th of De¬
cember, 1874, Mr. Orton made a counter proposition,- in tlie
form of an acceptance of some other alleged propositions of
Edison and Prescott, of which no copy is furnished, nor
date or signatures given, but claimed to' have been received
“ on or about Dccomber 30th.”
On tho same date, with tlio counter proposition ns above,
there appears to hnvo been paid to George B. Prescott, the
sum of five thousand dollars, on account of inventions
alleged as the joint property of Edison anil Prescott, a
transaction, having for its purpose, an indirect acknow¬
ledgment of a paper unacknowledged by Edison, and to
show in so fnr ns he, Prescott, wns ' concerned, that by the
acceptance of the substitute proposition without date or sig¬
nature, there might be some basis for clniming an agree¬
ment. At the smile time, the bill shows that trusty special
messengers were dispatched, (at midnight,) to place in
Edison’s hands, tlie missive of acceptance of the so-called
proposition.
Why this unscomly haste after permitting five weeks to
pass without action since the receipt of the cited written
proposition?'
Mr. Orton had learned that Mr. Edison lind finally repu¬
diated all connection with him and- the Western Union
Company, and pluced his inventions in the control of Mr.'
Harrington, where they rightfully belonged.' "'
Under any circumstances Mr. Orton or the Western
. Union Compnny can but ask the fulfilment of a contract!
Mr. Orton knows, and the testimony proves, the existence
of a prior contract with Mr. Harrington. Mr. Edison and
Mr. Harrington both declared the contract of October 1,
1870, and the assignment niid power of attorney of April 4,
1871, to be in full force and effect.
There is no dispute as to the scope of the contract of
October 1, 1870, nor that Mr. Harrington fulfilled all of
his undertakings and stipulations. There is no taint of
fraud connected therewith. 1
On the part of Mr. Orton and the Western Union Com¬
pany, there is neither contract nor agreement : giving to
either of those parties the shadow (if title to tlio inventions
in question.- : . . , :
The action of Mr. Orton and of- the Westorn Union Com¬
pany, undor date of January 19th, accepting some other
Second. An assignment of Edison to Harrington, dated
the 4th day of April, 1871. Recorded in the Patent Office
on the 16th day of May, 1871, Liber U 13, pnge 412,
Transfer of Patents. Appendix B.
Third. Memorandum of agreement between Thomas A.
Edison and George Prescott, being joint inventors of cer¬
tain improvements in telegraphic apparatus, dated July 9,
1874. :
. Fourth. A partnership agreement botweon Thomab A.
The questions herein submitted ariso upon the follow¬
ing documents of record :
. First. A partnership agreement between George Har¬
rington and Thomas A. Edison for carrying on business
under the name of the American Tolegrnph Works, dated
the first day of October, 1870. Recorded in the Patent
OlHco on the lltli day of January, 1875, Y. 18, p. 258.
Printed in the Appendix, marked A.
o invention set fortli in the annexed specifics- ||
I, incut to the said C. T>. having been duly
i Patent Office, in Liber — , page — . g
iorved that u reissue is to lie grunted in the |y
s the origiiml patent, except when the in- g
or the original patent was issued prior to g
it of law the eighth regulation I
o law and practice and regulations of the g
cm to require — |
ill applications for the issue of patents innst |
id, and sworn to by the inventor, whether J
isue, whether assigned or not. |
t no part of a patent can he assigned so as |
t issued to an assignee, even at the request i;
, the inventor may at any time before the i
1 withdraw his application for a patent,
it an application for a patent muy bo ubnn-
red at the plcasuro of the inventor, and this
indent of the question whether ho has as-
srest therein.
Id seem that the application for a patent,
m is placed by the law and the practice of
ely within the will and control of the inven •
he assignee of any part or of the whole can-
Snob boing tho state of the law and the practice of the
Office, lot us present tho preeiso stato of facts in this enso,
as they appear of rcoord, as seen by tho exhibits in the
appendix.-
Edison, tho inventor of certain improvements in fast or
duplex telegraphy and telegraphic machines and instru¬
ments, tiled on the 19th of August, 1874, eortain applica¬
tions for pntonts for alleged discoveries by him in his spe¬
cialty, and asked, for reasons controlling him at that time,
that the patents might bo issued to himself, jointly with
Gkoiiok Prescott, his assignee, and afterwards, to wit, on
tho 23d of January, Gkohoe Harrington, claiming to he
assignee of said inventions, filed his petition (Appendix I)
that said patont should be issued to himself and Edison
jointly ; and Edison, by his letter of tho same date, (Appen¬
dix J,) revoking his request that said patents should bo
issued to Prescoit and himself jointly, asked that patents
for his inventions might bo issued to himself and Har-
niNOTON jointly.
Afterwards a hearing wus had before said Commissioner,
who ordered that said patents, when granted, should bo
issued to Edison mid Prescott jointly, ns assignees. Ap¬
plication was then made to the Secretary of tiie Inteiuob
to suporviso the action of tho Commissioner in that behalf.
Whereupon Edison appeared by his counsel before the
Secretary and asked that said patent bo issnod to himself
alone, and not jointly to himself and Harrington, nor to
himself jointly with Prescoti'.
It further appears, by a contract dated October 1, 1870,
(Appendix A,) that Edison and Harrington had ontered
into a partnership, under the name anil stylo ot tho
“ American Telegraph Works,” to carry on tho business
jointly of manufacturing certain telegraph instruments,
(with a certain exception in the contract sot forth,) and for
' Jrfru- s
milking inventions and improvements in the transmission ar
recording of tcicgrapiiic signals, ns in said contract is s
forth ; and that said Edison, as his share of the partnership a
sots, stipulated that lie would “ give his whole time', nttentio
I talents, and inventive powers to the business and intcrc
;< of the firm, and that he would admit no other parties :
“ any interest, direct or indirect, or interest in the iinprov
II ments made or to ho made by him, except ns hcrcinuft
“ set forth,” (wliiuli exception is the invention imidu for tl
Gold and Stock Company,) and hinds himself not “ to i
" vent, under said contract, any machinery that will mi
“ tate against automatic telegraphy, or sell or convey
“ any parties whatever, without the consent' of tlio party
“ the sceoiul part, any invention or improvement that nu
“ he useful or desired in automatic telegraphy, and that f
“ any original inventions and improvements so made
“ the business he shall receive a reasonable and prop
“ compensation according to their practical value, n
“ things considered, such payment to bo nrndo in additii
“ to and irrespective of the proportionate port of the pi
“ fits of tho husiuess of the firm to which tlio party of tl
“ first part would lie otherwise entitled, with a proviso
“ determining the manner in which such reasonable coi
11 pensntion should be fixed.”
Edison made an assignment to Harrington under date
April 4, 1871, (Appendix B,) in the recitals of which, i
ferring to this contract of October 1, 1870, Edison nsshrni
ere joint inventors of certain improvements
apparatus, described ns magnetic duplex a
ing the invention moro purticnlarly descriln
which invention they arc to apply for lotto)
io United States to bo issued to them jointly
enicnt recites “ the improvements and invc
ich they are joint inventors, are all those i
r making inultiplo transmission ot magnol
r use hi telegraphy, which are described
anil specifications now in the hands of Geor,
i for the purpose of milking models of n
hereby such invention can be operated, bcu
ventions of said parties;” and reciting tl:
:s have an equal interest in said joint lette:
And said agreement further recites, -tl:
Idison has heretofore cxpoiulcd SI, 125 t
d patent fcos, tlio benefit of which ho cc
the common interest, and waives rcimbtin
hat sum, or any part of it, Prescott here
my solely and without contribution from E<
futuro expanse and cost of specifications, drn
,1s, Patent Ofticc fees, and patent solicito
s’ fees, and all other charges incident to t
of lettors-pntont for any of said inventions.”
implications Tor Icttors-patent to tho United States, ami
sticli applications were mimliereil 94 to 100, inclusive,
and arc dated August 19, 1S74, and PitKseorr is entitled
to an equal interest in tlic same, and others mentioned
1 therein.”
Then the agreement recites that the same consideration is
o ho paid to Edison by Prescott therefor ns in tho agree-
neat of July 9th, to wit, the payment hy Phkscott of future
ixponscs and costs of getting out said patents.
After these several contracts and agreements, Edison
ipplied for lettors-patent for a duplex machine, which were
it his request issued to him and Harrington jointly, being
NTo. tr.CjS t:!, November 17, 1874. (Appendix IT.)
While these several applications, from No. 94 to 100 in-
dusivc, and No. 112, for patents wore pending, the Com-
ntssioncr of Patents referred the question to Z. E.
Wii.umt, examiner in tlio Patent Ollice, to ascertain
whether these several applications lor miri.KX ash quaii-
deed ot assigiiincut ot April 4, 1871, from Edison to
Hauiiinoton hy apt words as a system of “fast tki.e-
“ ottAfiiv” or “automatic Tiit.KoitAi-uv,” and Wtt.aun re¬
ported that they wore, in Ins pidgment as an expert,
properly described, for reasons set forth in his report. (Ap¬
pendix lv.) Upon this state of facts the question arises, in
viow of the law, to whom should the patents issue.
tested in a court of equity; in
that done, and of that right tin
deprive him hy issuing the pi
Phkscott, bemuse that leaves 1
on the part of Haiiiunotox, a
able to defend himself.
On the other liaiid, if the pa
ton jointly with himself, that
lor damages on behalf of Pat
not lie able to defend himscll
issued to iiimski.f, lie admits l
have jurisdiction at once upon
ton or PitKseirrr, to decide tho
to iiiako assigiiincut of the eh
ids protection in that casu we
the two claimaiits to mterplea
judgment would determine the
This is a very valuable rigli
is a sidlicient reason for his i
made that ail interest in the pi
himself jointly with either.
Aga . in examination ol t
men Is will show that both ai
agreement for partnership with
corr, and the inventions, wlietl
L'im deed of October I, 1870— whieli is only vuluuble in
s discussion us showing witut worn tliu “ covenants
ind stipulations” which nrc referred lo in the recital* in
i Jucd from Edison to IIaiiuiniito.n of April 4, 1871 —
ows tlmt Hourly live yours before lliese putents were
limed, Edison agreed, liy bis “ coveiiuiitsuml stipulations,”
dcr soul, tlmt liu “ would give bis whole time, attention,
tulents, and inventive powers to the business mid interest
of the firm, und udinit no other purties to any direct or
indirect interest in or to any inventions or improvements
made or to be made by me, except us herumullei set
forth, but all such shall enure and belong to the parties
of the first and second part, us above set forth, in the
proportions set forth in the sixth section of this inden¬
ture, excepting inventions made exclusively for the Hold
and Stock Company, which are not to be included in this
agreement. Hut said Edison binds himself not to invent,
under said contract, any machinery that would militate
against automatic telegraphy, nor lo sell, transfer, or
convey to any party whatever, without tlie consent of the
party of the second part hereto, any invention that may
1. Thoy are made upon silflicient considerations.
2. There is nothing unlawful in the contracts.
3. Neither is tiiere any objection in public policy to th
making of such a contract.
It is not perceived why a man cannot carry on th
buxines* of invention tor the benefit of another as wol
ns any other business; certainly there is no statuto agains
it. A man having a talent for invention lias a right ti
employ, use, and sell that taluut at his pluasuru, and sud
employment is for the huuofit of the inventors who otliui
wise might not be ablu to exercise such talent, unless tho;
cun find some one to advancu the necessary uionuy fo
their support and to make the necessary experiments wliil
they are in progress.
If by, or because of any subsequent act of Edison tiles
covenants ami stipulations have been broken in their tru
intent and meaning lit the assignment of these inventions
for which patents are claimed by Edison, to Pukscott, tlioi
Edison is dearly liable in damages to Hakhinoton, and al
the more ccrtumlv it Pbksoott proves to be a purchase
for valuable consideration, without notice.
Why, then, should the Commissioner grope among the j|gg
liabilities to get ut tho fonts, wlian ho could lmvo had fwt
: evidence of the (nets ? |||j|
The Commissioner again says : “ Admitting that this deed, |»1
i. c., the deed of Enisox to IIakkikotox of April 4th, pAS
included these inventions in unmistakable terms, no jdjft
legal title in them passed thereby to Harrington. Tho\|g||
nstrnmcnt Inis the force only of an executory contract.”
He cites as authority, Gibson v. Cook, (2 Blatchford, gSt
4;) Clirtis on Patents, 4th edition, page 200, sec. 183,
Tiio case in 2d Blatchford by no menus covers the point,
d tlie citation from Curtis deals only with the point how
' any conveyance of an unpntcntcd invention gives
tice to a purchaser. Tho learned author, in summing i
" Wo aro considering a question of notico of title, anil if the \
nstrument supposed to opemto ns n notico could not in the I ' |
inturo of things give the information, can tho subsequent ■ {J
nirchuscr bo bound to look olsowhere."
How docs the citation sustain the opinion of the Com- ,
issioncr, •• admitting, then, that this deed includes tlieso
inventions in unniistakahle terms, no lcgul title then j»ag
passed thereby to Harrington f” ;3f
A legal title might well enough he passed to Hnrring-
n, of which u subsequent purchaser might not have bcon jjjp
land to take notice because of tho record of his deed; g|||
it it is difficult to seo how even that could bo true “ if til
deed included the inventions in unmistakable terms.” t'sieU1
ut tho argument of the Commissioner is, “tliut the proba- |||j
bilitioB are that those inventions were not iucludod in Hur- j|||
rington’s deed.” Why, then, will ho not hoar and “con- fjM
“ sider evidoneo” that they wore included? Ho holievos
from probabilities, that they wore not in esse at tho time o
the execution of tho deed. Why not, then, hear evidcnci
of that fact, and determine tho probabilities ?
It is true, Voltaire soys, “ that the balancing of prolia
“ bilities is the science of judges.” But lie is speaking o:
probabilities arising from evidence given to tho judges
not “ balancing probabilities ” whom tho judge decides tluii
lie will not “consider the evidoneo because iio has not tin
“ authority of tho court to consider evidence.”
On tho contrary, tho examiner, from his knowledge o
tho stato of tho art of telegraphy, determined tho tact tc
bo thnt these inventions wore aptly described by the tenm
used in the deed to Harrington of April 4th.
If the argument of the Commissioner is to bo taken tc
mean that PitEscorr became a purchaser without notice
and, therefore, the legal title vested in him by tho execu¬
tion and record of his assignment, then the question
whether lie took without notico is a question of fact. This
could be determined by the record alone, if, as tho Com
missioncr admits, “ the deed of HaiikinOtox includes those
“ inventions iu iiiimistakuble terms.” That deed being re
corded before tho purchase by Piu-snoTT, lie must take notice
from the record. If ho laid not notico by tho record, was
it not competent for Hahuinotox to prove before the Com¬
missioner, in order to maintain his prior assignment, thnt
Prescott had notice in fact, and, therefore, no legal title
passed to him ?
Tho idea of the Commissioner, however, soems to be, al¬
though not very clearly expressed in his opinion, that an
invention which is in fieri, i. e., not perfected, cannot be
assigned by deed so ns to pass a legal titlo to tho assignee
when tho invention is patented, although it is process ot
invention.
of the opinion of the learned Commissioner
lot sustained h)' any authority. On the eon-
mit that it is now well settled that an inventor
an interest in his invention before it is per-
whilc it lies in his mind, or even before the
s come to- him.
itter to be discovered may bo conveyed before
cd is older tbnn the knowledge of tbc conti¬
nued granted to Columbus a portion of wlinl
novel- in the new world before be sailed from
t a “discovery in tbc usol'nl nrts,” ns the Con
ms it, is assignable before it is perfected, 01
i of Nesmith cl at. v. Calvert, (1st Wnodbur
-l,) tlie court held that, where an inventor hn<
lachinc mid contemplated that be might niaki
ivements upon his invention, mid, for a valunbli
i, made a deed conveying those improvement
> lie made and patented, when patented i
ity would compel him to make the conveyance
title had passed to the assignee. But it inn;
hat this was a decree in equity by tho lenrnci
wllmry v. Minot, mid thereby it may have bcei
ly the equitable title passed. But in the cas<
v. Trimble, (10 Wallace, 3G7,) before cited
suit at law in which the loirnl title was broueli
paionis lonnci it to bo, to wit, that tho duplex systems anti
quadruple x systems wore indeed the fast systems of tole-
gmpliy.
Besides, Edison liinl covenanted with Hariiinoton to im-
|irove certain telegraphic systems in liis deed of April 4,
IS71, and had followed up his covenant by patenting an im¬
provement on the duplex system, and taking out tiio patent
jointly in his own and Harrington’s name, in accordance
By the printing and laying before tiio Coinmis-
lioner their very elaborate 1
vliicli they collect citations 1
f of thirteen pagos, i
n telegraph literature n
ating tho automatic or fast system, and they disclose the
mrpose for which those citations were made, in these
vords: “ The general literature of the art thus discloses
‘ the difference between the automatic ami duplex sys-
1 terns.” Tlmt is, those citations of tiio literature of tho
irt were cvidcnco that tho automatic or fast system was
he duplex system. But what effect do these citations
rom the newspapers have upon tiio lottcrs-patcnt, No.
56,843, already issued to Edison and Harrington jointly
inder this deed ? Why cite evidence dehors the record 2
Nil not the Commissioner decide that lie would “consider
""thing but tho record 2” It is not possible that lie meant
y this decision to make this exception; oxcept extracts
■om the TELEGRAPHER, tho newspaper organ of tiio
Western Union Telegraph Company.
Tho title to Hariiinoton wot
ad employed from October I
should bo in part Harrington's property upon paying
Edison a reasonable additional compensation therefor.
Edison acceded to these terms, ns the subsequent deed of
April 4, 1871, shows. By this Harrinoton took nil as-
signment of all that Edison hud discovered or should dis¬
cover. In 1873 caveats had been tiled for some of these
inventions. Ayenrufter a patent laid been taken out upon
another — /. e., for duplex telegraph, and assigned to IIar- i
binoton; prior to that, to wit, on tho 19th day of August
of tho same yonr, Edison had made application for still :
others.
The examiner of the Patent Oflico decides tlint all of
these inventions are within tho terms of Hariiinoton’s
deed, which lmd been in proper time duly recorded.
Assuming these to bo the facts only ns they nppcnr
by the record, which alone guided the decisions of tho Com¬
missioner, would not tho legal title to these several inven¬
tions at once, upon the issuing of the patents therefor, have
passed to Harrinoton ? It is submitted tlmt no tribunal
lould come to any other conclusion.
Is tins state of facts affected at all because subsequently
o these inventions — in fact after the caveats for some of
belli hail been filed — (see list of caveats in appendix) — j
‘ conveyance of a part intorcst liv Edison to Prescott in j
1 Buck inventions was made?”
This would depend —
First. Upon the questions whether tlint deed was made
ipon an adequate and conscionnblc consideration, and had
icon duly executed, and not abrogated or nnnnllod. Bat
ihese are questions of fact.
Second. Upon tho question whether Prescott had con-.
i tractive legal notice because of the record of the assign¬
ments to Harrington in tho Patent Office, or actual notice
hereof, and of Harrington’s interest therein.
: Referring to tho record only, ho had
legal effect of record of tiie nssignmei
and, in the language of the Commission
“ IIarrinoton’s deed includes those ii
“ tnknhlc terms,” then Prescott lmd eo
tiuc of Harrington's claims, and was ;
Whether he lmd actual notice is n qn
shown by evidence. In either case Pr
in these inventions ns against Harrinot
whether Prescott had a legal title ns a
(mid he might well Iinve one ns again
such n one ns against Harrington,) do
the evidence of tho facts which the C
mines lie “cannot consider.”
It will be useful, upon determining t
under all these circumstances, to cons
tion of Prescott in this affair, as nppen
With tho record before him of all 1
whatever they might be, in this class <
cott makes a contract on the 9th of July
to be a joint inventor of all these impr
ho is to have one-half thereof by payin:
and solicitors’ fees for procuring the pal
dcr. But on the 19th of August follow
his claims as joint inventor to any of
claimed to be tho purclmsor of onc-lml
them, in consideration of paying only th
solicitors’ fees for taking out tho pntcnl
And Prescott was curofnl to tic up I
that the real inventor, Edison, could hi
without his consent, by tho provisions wii
considered, that neither was to “ sell, n
“ dispose of the wliolo or any part of his
“ volitions or lotters-patent therefor, or
Mm
ut tlio written consent thereto first obtained of tho other
arty.” Again : “ That neither of said parties will him-
elf lnanufactnre, nso, or sell, nor grant license, nor the
iglit in any way, to any other party to inaimlaetnre. use,
r sell any of said inventions or any improvements
hereof, or any machines embodying 01 at Lit lc < mtaminj
ny of said improvements or inventions described by any
f said lettors-patent, without tho written consent first
htained of tho other party.” Again : “ No sale of nny
f Said inventions, and no liccnso or right to make or use
io same in any way, shall ho made or given oxcept ut a
rice to which botii parties agree in writing, and all net
rofits shall ho equally divided between tho parties
crcto.” (Appendix (J.)
t will lie observed that substantially these same provis-
s were in tho previous contract of July 0, wherein
hscott is recited to tic the joint inventor of all these im-
vomonts ; with how much of truth will appear from tho
t that within forty days afterward ho relinquished all
ims to 1)0 such joint inventor in his deed of August 9.
did Pkkscott know of tho great value of these inveii-
is, of which lie was not the joint inventor ut the time ho
lined to lie tlit joint inventor thereof, to wit, on the 9th
fitly, 187-1- ? Did lie know of (lie vast value of all these
u-ovoments August 9, the time lie ulnims to have bought
i-hnlf of all of them and tho profits thereof of Edison,
I tied him up by covenants so that ho could neither
nul'acture, sell, use, or permit others to manufacture,
I, or use tho invention, when he agreed to pay for tho one-
I ot such undivided interest therein only tho necessary
cut Ollico fees and solicitors’ fees to tnko out the
unts ? (Appendix D.)
Vs tho loarncd counsel in their brief have put before tho
minissionor citations from newspapers ns ovidcnco of
now Jidison’s assignment to JIakiiinoton ought to bo con¬
strued, and tho inferences to ho drawn therefrom, and tho
probabilities arising out of it, they will permit me to make a
Binglo quotation from a newspaper for tho purpose of showing
knowledge of tho utter uncouscionnhlcncss of this protcndc|l
bargain nnd deed ot assignment to Prescott, wherein lip
claimed — ns his subsequent deed of 19th August sIiowb
falsely — to bo tho joint inventor in those wonderful im¬
provements in the system of tolograpliy.
It will be observed that tho deed of the 9th of July was
not recorded until afturwurds, so that on tho night of that
day these inventions had not become known to tho world.
Now, tho New York Daily Times is a morning paper, and
on tho morning of the 10th tho articlo- appeared, which is
printed in the Appendix, marked L, in which it is cluinicd :
till i
niii
from tlio TELEGRAPHER newspaper to prove tlio
cnees and probabilities to ho drawn from Hnrrin
deed of assignment ; and, if so, it certainly shows t
tent to ■which the art of robbing an inventor of the
of bis skill for the benefit of an overgrown corpe
lias been carried in modern times.
If, under these circumstances, in view of tlio fnc
penring on the record, the Secretary deems it his d
sign n patent to carry out this, which wo have now n
to say is an overreaching bargain on the part of Pm
so that he may enjoy its fruits and deprive Edison tl
then the Western Union Telegraph will indeed “co:
tlio patent for this discovory, which is the “ solution
“ the future difficulties in telegraphic science,” i
“ not inferior” to those of Morso and of Stearns.
All which is respectfully submitted.
BENJ. E. BUTLER,
GEOKGE B. I
Witnesses :
Hahold Seiihell,
Lemuel W. Seiuiell.
stop, luid ono no
only to bo fluid oi
si
IN TUB MATTER
Oh)
OF
HARRINGTON and EDISON
PRESCOTT.
BEFORE THE SECRETARY OF THE INTERIOR.
Briof in bohalf of Gcorgo Hurrington, in roply to tlio Briefs
• of Counsol for Goorgo Prescott.
II argument for Mr. Prescott, filed in pursuance of
tlic decision of the Secretary to allow “ arguments on the
merits of the case,” is almost entirely a plea that the Sec¬
retary will not consider the merits of the case at all.
The Secretary has decided that he has juristliclion, and
will exercise it. Yet it is still contended that he “ is
without jurisdiction to consider whether the Commis¬
sioner has erred judicially,” aud that to look beyond the
question whether the Commissioner has acted without
fraud or collusion, “would he violently subversive of the
true order of public business." In order to persuade the
Secretary not to interfere, the counsel for Mr. Trescott
assert that for errors, such as arc alleged, a peculiar and
most efficacious remedy by bill in equity is given by sec¬
tion 4915 Revised Statutes.
This is by uo means certain. Tito remedy provided in
that section seems to bo ouly for an inventor, us the court
may only adjudge tlio applicant entitled “to rccoivo a
patent/or his invention," and as Mr. Harrington is not tlio
inventor in this case, but an assignee merely, the section
does not appear to benefit him.
Tins view is strengthened by tlio construction of that
section which gives a right of appeal from tho decision
oi the Commissioner to the Supromo Court of tho Dis-
trict of Columbia (now Rovised Statutes, Sec. 4911).
\ In II lately v. Usher, 4 &shcr 84S, it was decided that
N10 relusul of the Commissioner to grant a patent to an
assignee does not form the subject of mi appeal, which
tins reference to tho contents of a patent, and not to a
controversy us to who owns it.
If tuis ns so, then, instead of withholding hia exami¬
nation into the rights of tho parties iu the present case,
there lb the strongest reason why the Secretary should
c ose y scrutinize tho merits, inasmuch as ucithcr tho
appeal nor the equitable remedy given to inventors, is
allowed upon a question of ownership
All through the arguments for Mr. Prescott, there is
an appeal not to look into the merits, the equities of tho case,
a us so before the Commissioner. There, in substnuco,
e ni guinea t was — and the Commissioner adopted 1 it —
lou must disregard tho “equities,’’ ignore tho assign-
men to Harrington, although prior iu date to tho
no o I rcscott, and for a valuable consideration ; al¬
though Prescott had full notice of it by the record,
which exhibits no consideration on his part ; the Commis-
sioner can only decide who has the legal title, leaving it
a Court of Equity to enforce tho assignment to Har-
mgon, which was held to, be merely “ an executory con-
tiact and although permitted by the law (Revised
4’8?5)' “Ud tUe ruloa P«ent Office
( ole 118), you shall not even concede to the Commis¬
sioner the right to consider ovidonce, ontsido tho record,
as to outstanding equities.
Wliou counsel admit that tho Secretary has a right to
interfere, to prevont fraud — in fact that it would bo his
duty to do so — tlioy surrender this part of their easo.
That is simply tho powor to do equity.
The grant of a patent is not a more ministerial act, but
one involving the exercise of judgment and discretion. (See
Commissioner of Patents v. Whitley, 4 Wallace, 538, where
a mandnmus wns refused upon these grounds.) This ex¬
ercise of judgmont and discretion, involves the doing of
justice and equity.
Why should the Secretary, or tlio Commissioner who
issues patents undor his direction, bo asked to disregard
the equities of tho case ?
Tho commissioner bnsos his decision against Harring¬
ton upon tho presumption, that the inventions claimed
woro not in esse on tho 4t.h of April, 1871, when Edison
nssigued to Harrington. '
This, to use liis own language, is “ in the absence of
positive evidence on this point," and beeauso “ it is incredi¬
ble under tho circumstances, that an inventor like Edison
should allow such valuable improvements to lio tlireo or
fonryenrs after completion, without applying for patents.
Tho inferences of law, and fact which I10 makes, it is re¬
spectfully assorted, are nliko orroneous.
An invention does not date morely from the time of
its “ completion” or perfection.
Morsodidnotlilo his caveat until 1887, yet tho Supromo
Court in awarding to him priority of invention (Morse
v. O’Reilly, 15 Uownrd, 109), said, that in 1882 there is
reasonable ground for behoving that tho process and
means, the combination, powors and machinery were
arranged in his mind, .and developed so far, that he wns
confident of ultimate success, nml that lie pursued hii
investigations with unremitting energy nml industry.
in Oo« v. Massachusetts Firearm* Co., 1 Fisher, 10S-
tlm’l' tWlv n 1,1 v1, t,mt “tl10 ,,nt0 of tl,c '''volition ii
! H ° A‘° lllsuovory o1' the principle involved, am
ho attempt o embody that in some machine, no Ithedal
of the perfecting of the instrument ”
% reference to the “ Telegrapher” (a paper mud
T"1 f°r Mr‘ 1>raeott). of Saturday, Arm,
Donmv m ’ n tlosol,,l’tio,> ha fonml oi’ “Edison’:
JJourni in vn juttek,’ with full specification and din
,iam, commencing as follows:
• ^ .l.no,lns tl,'s ingenious armngonicnt, two com
at Tims u'8 Umy 1,0 tril"smitted in opposite dikeotions
it from l/‘ C tystem’ for tho purpose of distinguishing
invention i„ n • ° 10 commcncomont of Ellison’s
It til 3 "!° °f (l°v°loPi„g telegraphy.
OhomSl'lt,r"’ t ,aVE,lis0"’ lli9 Aent for Duplex
1874 2, S''ai,l‘f’ No’ 15C.8M, dated Hovombor 17th,
torios, resist^ tm. "m0 “* -'P'“y >»“•
manner tlmt tl ... ' co"»eetioiis, arranged in such a
be neutralized '° ° t°0t °* t*‘° tnuismitting hi
VTaua^0n hC rCC“Vina ot tl
(Soo page 40, Brief of
that the comm'iMinI,D DEFOaB ’'IM’ tho Secretary will soo
vontions in eo,,trovomt\ttre2t !22i2Rt1t^t|tl\0
6
of tho assignment to Harrington. It is not claimed that
they were absolutely perfected then, nor is it necessary to
do so. They were in a state much advanced beyond tho
inchoate, to which, ns it has been shown, an assignment
will attach on thoir perfection. Hot only was tho “ prin¬
ciple discovered,” but tho process, combination, powers and
means arranged in a working machine, in courso of tho
improvements and perfection since attained, embodying
the essential features of the invention.
II 'bat then remains of Prescott’s claim ?
Equities he has none. Tho commissioner based tho
decision in his favor on a supposed state of facts, in re¬
gard to which it appears he was entirely in orror. Even
if tho inventions were inchoate and experimental, boing
perfected before the Prescott assignment, tho deoil to
Harrington took oifcct upon and attached to them as
soon as they came into complete existence. Tho eases hereto¬
fore cited fully sustain this position, and there are numer¬
ous others.
The oxi.y plea left to tho counsel for Prescott is the
one urged so strenuously, that tho only inventions as¬
signed by Edison to Harrington wore such ns related to
“fast telegraphy ,” and that tho “ duplox ” and “ quadru¬
ples ” w’ore uot such inventions.
Yet it is claimed (sco p. 20, Brief for Edison) that tlioy
“ will quadruple tho usefulness of tho 175,000 miles of
wire owned by tho Western Union Tolograph Company,"
(Hr. Prescott’s) who will in consoquonco of tho alleged
ownership of thorn, “ need to oroct but 2,000 miles of
wire noxt year” instead of 20,000.
In referring to Steam’s Duplox in 1872 (sec Brief for
Prescott, p. 24), “ Tho Journal of tho Tolograph ” says
“ though it docs uot quickou tho process of transmission,
it practically does so, by doubling the capacity of every wire.”
It has already boon shown that tho partnership botwoon
T
,1,UWM m,u unrnngcon, covered mvontionB of “nil and
whatsoever may be required Inj the various systems of
Telegraphy."
It in also shown that ovon iindar the Tlarrington
assignment of 1871, Edison was not only to develop into
'•so, by practical instruments, the Littlo or other system
ol Automatic or fast system of Telegraphy, but to
improve and perfect such instruments and machinery by
addixo xtiEUBTO from time to timo,such further inventions
as experience should demand, and 1ub ability ns an inventor
and electrician might suggest and permit.
Supposing, then, for tlio sake of the argument, that
1. rescott can shield himself from the equities of tho part¬
nership article by an alleged want of notice, and that tho
words ot the deed of 1871, just quoted, nro not large
enough to cover tho inventions in controversy, they nro
followed in tho latter instrument by Inngungo about which
t tore can be no doubt, and in tho conveyance, itself, viz.:
Including therein all and whatsoever of my improve¬
ments and inventions, made or to bo made, and of all tho
patents that may bo issued therefor, that abb ob mat he
ai w.ioABi.E to automatic telegraphy or mechanical print-
ATo ingenuity can controvert the fact, that these duplex
and quadruples inventions nro “ Ai>ri,iaAnr.B to Auto¬
matic Teregraphy.”
The Letters Patent, No. 156,848, dated November
17th, 1874 to Thomas A. Edison, for “Duplex Tele¬
graphy,” commcnco ns follows :
“ Iho object of this invention is to transmit two dis¬
pa e les over the same wire, at the same time, by tolegrnphs
li.MPI.OYINO PERFORATED TRANSMITTING PAPER, and cllOmi-
cnl receiving paper.”
. An,d tldB„V01'y patent, at tho request of Edison, was
ucd to Edison & Harrington. Mr. Prescott’s counsol
j, 27 of their 1st Brief) admit that tho “ automatic sys-
em,” and the “multiple transmission system maybe
jbed together, “ that is to say, sovoral messages may
“Xneou’sly transmitted by the B-ftaueous oper¬
ation of sovoral automatic signalling machines, thus ad
ing the element of ‘fast ’ to the dement 0fmul!1PUcU,J-
By the contract of 1870,' Edison & Harrington wore to
bo partners in all inventions relating to the various systems
^Thfasrignment, Edison to Harrington, of 1871, recites
the previous agreement between these parties, and tk
tZZ, thus clearly expressed, will aid to construe the
laTr^cmfcould^capct'the force of ^is “greement
on tho ground that he had no notice of it which : de
nied, surely ho is bound by the u.icquivooal erms ol
assignment itself, which cover, as a ;ove 9‘ ° vl ^10t “
by equitable construction, but as a matter of fact, the inve
tions now in dispute. jj. B. LATROBE,
LEONARD MYEKS,
Of Counsel for Barrington.
Hr! mem <
THE WESTERN UNION TELEGRAPH COMPANY
Complainant*,
THOMAS A. EDISON and GEORGE U. PRESCOTT’,
Defendants.
ANSWER OF THOMAS A. EDISON.
KEASUE'
■ NEW YORK:
U A K B It &■ Q 6 D w. I N, P H I N T BUS,
No. 35 P a It K Itow.
1875.
GkOKOE B. PltESCOTT,
Defendants.
The. several answer of Thomas A. Edison, one of the
defendants to tho J>ill of complaint of The Western Union
Telegraph Company, complainants:
This dolcndnnt now and at all times hereafter, saving
nnd reserving to himself all manner of benefit nnd advan¬
tage of exception to the errors, nnd insufficiencies in the
complainants’ snid bill of complaint contained, for an¬
swer thereto, or unto so much and such parts thereof ns ho
is advised is mntorinl for him to make answer unto, answers
and says :
That he admits that tho Western Union Telegraph Com¬
pany is a corporation doing business under the laws of the
state of Now York for tho purpose of operating telegraph
lines in that state nnd olsowhcre, and having its principal
plnco of business in the city of Now York, irad that this
defendant wns boforo and since January, 1874, n resident
of the city of Newark, in this stnto.
But this defendant denies that in or previous to the snid
month of January, lie entered into any arrangement or agree¬
ment with the complainant that this defendant should en¬
deavor to invent improvements in Stearns’ Duplex System
of Telegraphy, and other Duplex apparatus, nnd should use
tho lines and workshops and materials of tho complainant for
that purpose, except in tho manner and under the circum¬
stances hereinafter particularly sot forth. And ho domes thnt
ho over made any agreement with tho snid company, thnt
whatever inventions should bo mado by him, nnd nil patents
thnt might be secured therefor, should bo assigned nnd con¬
voyed to tho complainant upon payment of such price ns
should be ascertained by agreement or'liy arbitration.
And this defendant, further answering, snys :
That the circumstances under which ho used tho wires
nnd property of tho said company for tho purposes of exper¬
imenting for improvements in Telegraphy concoivcd by
him, and his relations to tho . snid complainant with refer¬
ence to the salo and transfer of his inventions nnd patents
are hereinafter fully and particularly sot forth.
And this defendant, further answering, admits thnt ho wns
from timo to time, ns hereinafter stated, allowed to use the
services of somo of the omployces of tho complainant, nnd
that his experiments were continued for sovoral months in
endeavoring to invent improvements hy which moro than
one incssngo could bo sent over ono wiro at tho snino time,
but ho denies Hint tho snino wns hy virtue of, or in pur¬
suance of, any arrangement or agreement for tho sale
or transfer of his inventions or patents ns stated in snid
bill, but solely for tho purposo of enabling him to per¬
fect nnd develop his improvements, to ho disposed of
thereafter ns lie might deem best for his own advantage.
And this defondant, furthor answering, doilies each and
ovory of tho statements of tho snid bill concerning his agree¬
ments with Gcorgo B. ProBoott, tho electrician of tho snid
complainant, and Ids negotiations with the said complainant
for tho salo and transfer of his inventions and patents, ex¬
cept so far ns the same are admitted nnd explained in
the statoment of said transactions hereinafter contained.
And this defendant, further answering, says thnt ho is
now twenty-olglit years of age, nnd is an inventor and olcc-
tricinn, having been engaged in that business for fifteen
years nnd more ; thnt from n very early ago his attention
lias been directed to tho invention of telegraphic apparatus
nnd methods; thnt prior to 1809 ho had been employed ns
a telegraphic operator in the Western Union Telegraph
ollico at Cincinnati nnd elsewhere, and in that year he had
a small shop of his own in Boston, nud then applied for a
patent for his first perfected machiiio which wns n machine
for recording telegraphic signals by printing; that sinco
that timo ho has directed liis attention to improving the
the facilities with which such signals might bo transmitted
and recorded ; thnt while employed ns an operator lie wns
engaged in attempting to invont the requisite machinery
and means to carry forward what is now known ns Duplex
Tolographing, which experiments began ns early as 1805.
And this defendant, further answering, says'that in the
courso of these experiments he became satisfied thnt a wire
could ho used for double transmission, nnd that by an ar¬
rangement of different forces of battery two messages could
be sent at the snino time for nil practical purposes over the
sumo wire, nnd this defendant sot himself to work in his
little shop for tho purpose of developing, improving, nnd
reducing to practical results hy machinery, these ideas, ns
well ns prosecuting his experiments in Printing Telegraphs
or recording tho signals automatically on paper.
And this defendant further snys, that leaving for a timo
the furthor immediate development of Duplex Machines,
he dovoted himself moro particularly to the invention nnd
perfecting of machinery for automatic telegraphy, and ob¬
tained his first patent for such a machine, which resulted
in the improvements in tho automatic machines now so
lnrgoly used hy bankers nnd others, for which improve-
incuts lie obtained a largo number of patents, but at the.
samo time lie was engaged from time to time in experiment¬
ing upon tlio idea of duplex telegraphy.
And this defendant, further answering, says that in
September, 1870, being desirous of continuing Ins experi¬
ments in duplex telegraphy, and also of having the
menUB of manufacturing and perfecting his machines for
automatic telegraphy, and having at that time the com¬
mand of very limited means for tlioso purposes, lie entered
into a written contract with George Harrington, made and
executed on the ilrst day of October, 1870, a copy of which
contract is hereto annexed and marked Schedule 1, by which
it was agreed that the said George Harrington and this de¬
fendant should go into a joint business or partnership, to
continue for the term of live yenrs, upon the terms and con-
ditioiiB set forth in tlio said contract, which partnership or
joint business was to be for the invention and manufacture
of all kinds of machinery, instruments, tools, battery ma.
tcrinls, and all that should be required by tlio various sys¬
tems of telegraphy, and in which this defendant and the
said George Harrington wore to be iutorcsted as joint
owners ill all original inventions and improvements in¬
vented. purchased or obtained by them or cither of them,
ami in all interests and profits arising therefrom in the
proportions' set forth in said contract, us by reference to
the same will more fully appear, excepting, however, the
automatic reporting machine used by stockbrokers, which
had been previously sold by this defendant.
And tins defendant further says that by that contract
1m bucumc bound to devoto all liis inventive powers and
talents to the business and interests of said firm, anil to
admit no other parties to any direct or indirect interest in
or to any inventions or improvements made or to bo made
by him, except as sot forth ill said contract, but that all
such should inure and bolong to this defendant and tlio
said Harrington in the proportions thcrciu provided, and
not to invent or transfer to any other parties any improve¬
ment that would bo usofnl or desired in automatic tele¬
graphy ; and by said contract it was provided that lor an;
original inventions and improvements made by this do
Iciidant other than such ns might ho suggested or nrisi
from the current work, this defendant should be paid hi
the firm additional compensation, to ho adjusted in tin
manner pointed out in said contract.
And this defendant, further nnsworiug, says that nude
said contract the said joint business was begun and carrici
on in the city of Xownrk, in this State, and machinery am
a shop were provided, and n lnrgo amount of money ox
pended by the said Gcorgo Harrington in order to earn
out the purposes of said partnership, and this dcfemlan
wont on to perfect his inventions in printing and automata
telegraphy and other machines and devices, and whatove
else might grow out of such experiments.
And this defendant, further answering, says that al
though the said partnership business wns not pecuniarily
successful ns a manufacturing operation, the ]
part of the business wns successful, and a large number o
patents were obtained for various devices and improve¬
ments relative to lmtchiiicry for utilizing the action o
electricity, which were directed to bo issued to the sail
Harrington and this defendant jointly under said contract
ns they were perfected.
And this defendant, further answering, says that ii
order to promote unity of action in regard to tho said busi
ness mid the disposition of any inventions and improve
incuts made or to bo made by this defendant, for the join
benefit of himself and said Harrington, this dcfemlan
entered into a further agreement in writing with tho sail
Harrington, on tho fourth day of April, 1871, a copy o
which is hereto annexed and marked Schedule 2, by wind
it was recited that this defendant had agreed to invent am
construct instruments and machinery that should dovelo]
into practical use the Littlo or other system of automata
or fast system of telegraphy, and to improve and porfoc
such instruments and machinery by adding thereto iron
time to time such further inventions ns experience and hi
lility ns nil inventor nnd electrician should suggest, and
ropiiro drawings and obtain patents I'or all such inventions,
hich woro to be tlio joint property of said Harrington and
lis defendant, nnd such patents to bo issued to them
,i„tly in tlio proportion of two-thirds to said Harrington
nd one-third to this defendant, and the whole to he under
,o solo control of said Harrington, with power to sell and
isposo of the same ; nnd also that the said Harrington had
uthfully fulfilled all of his covonnnts lind stipulations cn-
jred into witli this defendant. And after such recitals,
liis defendant did, by said contract, assign and set over to
aid Harrington two-thirds in interest of all his said invon-
ious nnd of all patents, whothor issued or applied for or
hereafter lo be applied for, and ot nil patents nuulo or to
io made applicable to automatic tolegrnpby or mechanical
irinting, and did constitute tlio said Harrington his true
md lawful attorney irrevocable lo sell, transfer, and con¬
vey all of tlio rights, titles, and interest of this defendant
n and to all nnd every of his said inventions nnd improvc-
ncuts, whethor made or to lie made, and to sell and trnns-
er nil rights by patent or otherwise arising therefrom
ilrondy made or to lie made, with full power to divest this
lefciidaiit of all such rights, and requesting the commis¬
sioner of patents to recognize said Harrington as such
ittorncy, ns by tlio said contract, -a copy whereof is hereto
innexed, will more fully nppear. Which contract was duly
recorded in the Patent Ofiico on tho sixth day of May,
1871, in Book U 13 of Transfers of Patents, page 412.
And this defendant, further answering, says thnt under
the foregoing agreements with said Harrington ho con¬
tinued to pursue such joint business in tho city of Newark,
and tlio said Harrington continued to furnish largo
amounts of money to conduct tho samo, nnd this defendant
still prosecuted his experiments in duplex telegraphy, and
during such experiments conceived the idea of quadruples
telegraphy, but at first with doubtful success. And in
January, 1873, having made sovornl duplex machines nnd
ono quadruples mnehino, it boenmo convenient to ltnvo an
opportunity of .testing thorn upon extended circuits, nnd
this defendant thereupon applied to William Orton, Presi¬
dent of tho Western Union 'Telegraph Company, ‘for leave
to put his machines upon the wires of thnt company when
not in uso between twelve o’clock at night and seven in
tho morning, which was granted by said Orton, who said
that ho would bo glad to have any machine developed
which would promote rapidity in telegraphing. And under
thnt permission this dcfamlant worked for nbout ono hun¬
dred nights, nnd developed tho operation of the duplex
inacliiiio until ho beliovcd it a success, and so for developed
the qundruplex machines that by further experiments they
could bo made successful.
And this defendant further says, thnt ho then appliod to
Mr. Orton to have his Duplox machines put on tlio wires ol
tho Western Union Telegraph Company for use, nnd al¬
though ho expressed a willingness to lmvo it dono, lie gave
no orders for thnt purpose, and tins defendant found him¬
self iinublo to effect it, and received no reply to a lettei
written to Mr. Orton on tho subject, just before lie wni
abent to sail for Europe, so that tins defendant was lefl
without nny means of testing his machines by practical
use.
And this defendant further answering, says, that undoi
these circumstnuccs, having no access to extended circuits
ho applied to George B. Prescott, tho other defendant tc
this suit, who was then the olcctricinn of tlio Western Union
Telegraph Company, nnd stated his difficulty to him, nnd
asked hiBiiid in hnving tho Duplox instruments put to work
on the Western Union lines; nnd to induce him to lend bit
assistance, this defendant offered to givo him a half interest
in said inventions if ho would do so, and the said Prescott
agreed to aid this defendant in that particular on conditioi
thnt he tho said Prescott should appear to bo joint in
vontor, with this defendant, of tlieso instruments, to wind
suggestion this dofohdnnt tbit constrained to assent, nlthougl
said Prescott had then dono nothing towards Bind iuvon-
And in ptll'simnco of such proposition, a contract was
entered into between this defendant mid tho said Prescott,
dated July 9, 1874, which is not alluded to in tho com¬
plainant’s bill, and a copy of which is hereto annexed, •
marked Schedule 3, by which it was recited that this de¬
fendant and said Prescott wore joint inventors of certain
improvements in telegraphic apparatus described as mag¬
netic Duplex apparatus, for which they wero about to apply
for letters patent to bo issued to them jointly, and by which
die said inventions and improvements were described ns their
joint inventions ; and it was agreed that they should have
i joint mid ct|nnl interest in the same, upon tho terms nnd
conditions therein set, forth as by the snid agreement, a
:opy of which is hereto annexed, will more fully appenr,
md which terms and conditions are substantially the same
is those contained in tho subsequent agreement hereinafter
nentioned.
And this defendant further miewcriug, says, upon tak-
ng advice as to the legality of any patents that should be
ssued to this defendant nnd said Prescott jointly, ho be¬
anie satisfied that inasmuch as tho said Prescott was not
n fact a joint inventor with this defendant, the said patents
vould be deemed invalid ; and he thereupon conn mini-
sited his doubts to said Prescott, nnd it was thought best
o make other arrangements. And thereupon on tho nine-
centli day of August, 1874, a new agreement was made,
nbstnntinlly ns set forth in the said bill of complaint,
eeiting that the inventions were made by this defendant
done, nnd providing for tho joint ownership thereof upon
he terms nnd conditions sot forth in snid agreement and
nbstnntinlly recited in said bill.
And this defendant further says, that tho latter ugree-
iiout was merely substituted for tho former one, nnd this
lefeudnnt did not receive from snid Prescott or from the
omplniimnt or nny other person any other or further con-
idorntion therefor.
And this defendant further soys, that in conscqucnco of
this ngreomont ho was permitted to put his machines upon
tho Western Union wires, and to put them at work.
And this defendant further says, that during theso ne¬
gotiations lie had told the said Prescott of his Qnndruplcx
apparatus nnd explained its operation, showing him that it
would he ninuli . re rapid nnd eilieanious than the Duplex,
nnd snid Prescott urged this defendant to lest, tho Qiindru-
plex nppnrnlue, which lie proceeded to do, nnd had it put
upon tho lino formed of a return circuit between Now York
and Philadelphia, mid worked it nil of one day in the pres¬
ence of snid Prescott anil Mr. Orton, until it was consid¬
ered so far successful ns to cause Mr. Orton to order n now
set of instruments to lie put on the line between Now York
and Boston, nnd to lie worked in the actual business of
And this defendant 1 I i
invention proved to lie a success, after
four weeks, nml tho said Orton desired
operation on a longer circuit, nnd in
defendant caused the instrument use
ing says, that tho
working three or
o have it put in
his request this
on the Boston
line to ho transferred to the Chicago wire, whore it was
used successfully, nnd the machines have been working on
that line ever since in the service of tho Western Union
Telegraph Company, except while changing into their now
building in New York.
And this defendant further says, that during all this
time the snid Prescott had paid him nothing fur snid in¬
ventions, nnd had done nothing personally about them,
except to pay some solicitor’s fees, nnd for some machines ;
and that after the invention was found to bo a success, the
said Prescott consulted this defendant ns to what proposi-
: tion should lie made to tho Western Union Telegraph
Company for the sale of it to them, no proposition having
been mndo by snid company up to that time as to a price
to be paid for it; ami thereupon this defendant drew up a
memorandum, nnd afterwards a proposition was made out
and signed by this dofondnnt and said Prescott, ns follows,
‘lion. Wm. Oirrox, President Western Union Telegraph
Company.
“ Dear Sir: Your company lms over 25,000 miles ot
wire which can now he profitably qundrnplexed. Consul-
orinjr these 25,000 miles to lie already duplexed, the quad-
ruplox will create 50,000 miles additional. For all out
patents and efi'orts in protecting the company in tho mo¬
nopoly of the same during their life, we will take one-
twentieth of the average cost of maintenance of 50,000
mil6s of wire for seventeen years — ono-.third down, ami
the balance in yearly payments during the above-mentioned
period, lmlf of such payments to cease the moment any
other person shall invent and put into practical operation
a quudruplex not infringing our patents, upon a circuit ol
400 miles in length.
And this defendant further says, that tho uliovo propo¬
sition is the only formal one that wns made, and it was not
accepted hy the company ; and this defendant being then
greatly in want of money, submitted other unsigned mem¬
oranda of lower rates to Mr. Orton, who accepted none »l
them, hut urged this defendant to oiler still lower proposi¬
tions; and these memoranda of lower rates wore not signed
hy said Prescott, nnd woro only suggested by this defend¬
ant hecauso ho wns in urgent need of money.
• And this defendant further says that in his Inst negoti¬
ation with Mr. Orton ho informally proposed to take
twenty-iivo thousand dollars nnd a royalty instead of the
Kret proposition, which would hnvo amounted to four hun¬
dred nnd fifty thousand dollars.
And this defendant, further answering, says that it ii
truo that ho received from tho said complainant tho sum ol
live thousand dollars on tho tenth day of December, 1874,
aud hofore any of tho above-mentioned propositions wen
receipt, marked inhibit A, annexed to the complnimu
bill, which wus prepared for him to sign, and falsely reel
that this defendant and said Prescott are the joint invent
of said improvements, but this defendant denies that lie
reived said sum in consideration of any agreement then
fore made with ’said company for the sale of said invuntio
or that the same was paid in execution of any such agi
meat, hut this dofcmluut says that he then needed mon
nnd being satisfied that his experiments wero successful, i
supposing that some satisfactory arrangement would
mndo for the sale of his improvements to thu complaint
lie applied to Mr. Orton for some money, and received
said sum of five thousand dollars, and gave him the root
marked Exhibit A in complainant’s hill, which recites t
this defendant and said Prescott had agreed to assign tl
right, title and interest in said inventions to the said e
puny, provided the terms of payment for such assigmn
should he satisfactorily adjusted between said parties
the said company.
And this dclcndunt. lurther answering, says that
terms of payment for such assignment were never ndjut
in a manner satisfactory to this defendant; that non
the said propositions or memoranda were accepted hy
said complainant in any reasonable time ; that this deft
ant needed more money in order to finish- some twe
(pmdriiplcx machines ordered hy Mr. Orton, nnd in oi
to procuro thu same ho repeatedly called upon said Oi
and desired him to close up the negotiation, hut was i
Bluntly put oft’ and treated with coldness and iudiflerc
and finully said Orton went to Chicago, leaving this del
ant in his difficulties, with a largo number of hands
ployed and no meuns of paying them, and also embarrassed
hy the agreement ho had been induced to uiako with said
Prescott
And this defendant further says that under these cir¬
cumstances he determined to make tho best salo of his iu-
; volitions that ho could command, being satisfied that the
that Find Prescott, ns an employee1 of tho com plain u 1 1 1, lit
only token hold of the mutter to obtain nn interest in tl
inventions without considerntion, and to put this defends!
entirely in the power of the Western Union Telegraph Con
pnny. And thereupon this defendant sold and transferre
all his right, title and interest in said inventions and paten
to Jay Gould, in behalf of the Atlantic and Pnciiie 'J’elcgrnp
Company, before any acceptance of any proposition orsii]
gostion for sale on the part of the complainant, and prii
to the filing of the bill in this cause, so that it is no
entirely out of the power of this defendant to enter ini
any further negotiation with the complainant or to iiuik
any transfer or assignment to the Western Union Tolcgrnp
Company.
And this defendant, further answering, says that th
said William Orton and George B. Prescott, at the time t
the dculiiigs of this defendant with them ns above set forth
were fully aware that this defendant, by virtue of the sail
agreements with George Harrington, mndo in 1ST0 am
18il, had been continuously engaged in experiments ii
electric telegraphy, as hereinbefore stated, and in obtain
ing patents for such of his inventions as were found to hi
important and patentable, and that the said Orton bad fill
notice thereof before ho paid this defendant the said sum o
live thousand dollars, and the said Prescott also before la
entered into said contract of August 19th, 1874.
And this defendant further answoriug says, that whei
lie entered into said last mentioned contract with sail
Prescott, and when lie gave the receipt for five thousnne
dollars, ho believed that the deed of assignment made b;
him to Harrington, on the fourth' day of April, 1871, dh
not by its terms embrace the invention of the Duplex am
Quadruples systems j and ho acted oii that opinion in all
bis dealings with said Orton and Prescott, and assumed it
;ood faith, that the snid George Harrington had no riglil
tr interest in the snid invention, or iu any of the pntonti
ibtained or applied for in rospeet to such inventions, ami
agreements made with snid Harrington.
That among such patents, and part of the rositl
this defendant’s labors were a patent dated Novcmbc
1874, for a Duplex Telegraph, the application for v
was filed in 1878, or early in- 1874, and a paten
improvements iu Duplux Telegraphy issued May, !
upon an application tiled April, 1S73, which at the tii
his dealings with Orton and Prescott, this defendant
supposed to be not included in the snid contracts
Harrington.
And this dulundnnt further says, tlint the said Gi
Harrington, tlio partner of this defendant ns above
tioned, was absent at tlio time when this defendant uni
into his arrangements with said Prescott, and on his rc
at once objected to tlio same, and insisted tlint said Prc
was not in any milliner the joint inventor of said impi
incuts, and tliat ho tlio said Harrington wns.jointh
forested in the same, and held control thereof, by virti
the contracts of this defendant, made with him us he
before set forth, and the said Harrington never m
manner assented to any propositions ii mg Inti n
the salu thereof to the complainant, but on the coni
himself negotiated and carried into cflcct, a sale tlicrci
Jay Gould, iu behalf of the Atlantic ami Pueific Tcleg
Company, on the first dny of January, 1S75, under
provisions of the snid recorded assignment and agrcei
made to him by this defendant as hereinbefore set Ii
And the snid Harrington also assented to. and ratified
and sale made by this defendant to Jay Gould as nforei
and took measures to protect his own interests in rej
to said inventions ns bo was advised.
And this defendant further answering says, that slu
liter bo rccoivcd tlio snid $5,000, lie became satislicil,
ivns advised tlint nndor bis former contracts with
Harrington, u share of snid inventions of right beloi
to him, beenuso thoy wero the result and perfeotio
« peri incuts made before tho snid partnership arrange
with him Itiul been m ndo, nnd properly passed by tin
transfers made to him by this defendant, and therefor,
this defendant on the twenty-third day of .Tannery, lS.o
addressed a communication to tiio Commissioner of Patents
advising him of the contracts made with said Harrington
and of ids claim under the same, and withdrawing ill
ropiest theretofore made for the issue of the patents, ii
the name of tills defendant and said Prescott, and ropiesl
ill" that the same lie issued to said Harrington and tin
defendant in tliu proportions set forth in tho power c
attorney and assignment dated April T, 1871, and tli
contract thorcin recited. And this defendant also, on tli
twenty-third day of January, 1875, prepared and signet
and a few days thereafter addressed and sent to sai
William Orton, ns President of Tho Western Union Teli
graph Company, a communication stating that when ncgi
tintions were opened between him nnd this defendant, th
defendant hoped, in ease tiio terms could bo agreed npoi
that lie should lie atilu to give a valid title, but that 1
was advised that the claims ol George Harrington, nnd
a prior contract and irrevocable, power of attorney (
which said William Orton was aware), and which we
still ill full force and effect, would prevent a valid transt
of snd i title to thu complainant or other parties, and th
under such circumstances all further negotiations butwe
them must necessarily cease, and that any money expen
ed or paid in anticipation of final action, this defends
was ready at any moment to return to said Orton. A
that at the same time this defendant i t
to said Prescott, inclosing a copy of said letter to Willii
Orton, President, and informing him that tho same reuse
which forbade further action with snid Orton would
validntu the agreements made with said Prescott, a
offering to return any moneys expended by said Prescott
account of this defendant's negotiations with him at r
And this defendant further says, that he lias at all th
since been willing and is still willing and ready to rot
tho said money to snid William Orton, and hereby tend
himself ready to do so.
And this defendant further nnsworing, says, that ho
advised nnd boliovos that the said Harrington or
assignees are entitled to have tho snid inventions of Hup
nnd Qtindruplcx Telegraphy brought within tho oporati
of the contracts nindo with said Harrington by t
defendant ns nforesnid ; that the snid Harrington nnd tin
interested with him have, since tho .late of tlm said fi
agreement with this defendant, expended a very largo si
of money, amounting to about four hundred thousand d
lars, in furnishing menus and facilities for this defendant
carry on his experiments and perfect his inventions in t
various branches of telegraphy, including his improvomei
in Duplex and Qiindruplex machinery, and by means
mch expenditure have enabled this defendant to secure t
mcccssful results hereinbefore mentioned. And the sii
Harrington nnd his assignees now justly claim that all
mch results are properly within the scope of the terms
the snid agreement, nnd are subject to their control by t
erms of tho agreement nnd assignment of the fourth d
)f April, 1871. By reason of which claims on the part
;nid Harrington nnd his assignees, this defendant hum
hat ho ought not to lie decreed to make any com cyan
>r transfer of the said patents to the said complainant
lerogation of the rights, so claimed.
And this dclondnut lurthcr answerin''- s«vs, that tl
legotiations between this defendant nnd said complniun
aid George B. Prescott were all founded upon a mistnki
dew of the legal rights of snid .Harrington, which mistnl
rns mutual— both parties supposing that the contract
kpril 4, 1871, was so worded as to oxcludc the Dupli
md Qiindruplex systems. But this defendant says, that 1
s now ndvised nnd believes that tho said contract of A pi
I, 1871, docs, in fact, include tho Duplex nnd Quadr
ilex systems, and that theso inventions are also umbrae.
>y tho said contract of October 1, 1870.
And tliis defendant further nnsworing, says, that lie d
irics tlmt wlmt is called in tlio complainant's bill atormal
proposition in writing,” was in any sense a formal propo¬
sition, but alleges tlmt it was a mere memorandum of torms,
loose, vague, and indefinite, not signed by tins defendant,
and never acted on by said Orton while it wns open for
consideration; and this dofondnnt donies tlmt it wns left
open indefinitely in point of time.
And this defendant further answering, says, tlmt the
said Orton took no notieo of said memorandum until after
lie bad learned that this defendant laid withdrawn alto¬
gether from the attempted negotiation.
And this defendant denies that the transaction carried
on between this defendant and said Orton and Prescott
constituted a contract, and charges that there lias been no
tender to this defendant of a contract in writing for tin
transfer of the inventions to the complainant, and for tin
payment by the complainant of the price or consideration
and no tender of any instrument of transfer nor of any
covenant to pay any' royalty.
And this defendant further says, that on the thirtccntl
day of October, ISM,, a notieo wns sent to the complninnn
by Mr. 1 Ionium, solicitor for the coinplninants in a sni
pending between Craig nnd another against The Automata
Telegraph Company nnd others, advising the complninnn
tlmt this defendant Imd assigned his inventions- to said liar
rington, and that a copy of the complaint in that enso wn
sent with such notice, whereby the complainant was full;
advised of the rights and claims of snid Harrington in rt
spect- to the inventions ol this dcteiidaut. And this di
fondant charges nnd insists that tlio snid complainant cm
not in equity require this dcfcmlnnt to do any net to intei
fere with the rights of said Ilnrrington ns claimed by hii
under said contracts.
And this defendant donies all unlawful combination an
confederacy in snid hill charged. Without this that nn
other matter or tliinir in tho snid hill charged, nnd n<
and avoided, traversed or denied, is truo to tho knowledge
or beliof of this defendant. ’
All which matters and things this defendant is ready
to nvor, maintain nnd prove ns this honorable court shall
direct, and humbly prays to he lienee dismissed with his
costs ami charges in this behalf sustained.
PA UK Ell * KEASI1KV,
.SWV.V ,(! of Counsel ,0,7 h defendant,
Thomas A. Emso.v.
State of New Jersey, Essex County, ss. :
Thomas A. Edison, the above named defendant, being
duly sworn, on his ontli snith, tlmt the matters and thing's
set forth in the foregoing answer, so far as they rclnto to
his own acts, are true, ami so far as they relate to the acts
of others he bolioves them to he true.
Til OS. A EDISON.
Sworn and subscribed this 20th )
day of May, 1875, before me. j
E. Q. ICuAsnnv,
18
[Schedule 1.]
Tins indenture, made this first day of October, ono tlion-
sand eight hundred and seventy, by and between Tliomns
A. Edison, of Newark, in tlio Stnto of New Jersoy, of the
first part, and George Harrington, of the city of Washing¬
ton, District of Columbia, of tho second part :
Witncssetli, that for and in consideration of ono dollnr
paid in band, one to the other, the receipt whereof is here¬
by acknowledged, and of tho mutual trust and confldcnco
which said parties have in each other, do each covenant
and agree with the other ns follows :
First. That tho said parties as nbovo named will be
partners ns inventors and as manufacturers of all kinds of
machinery, instruments, tools, battery inatcrinls, and all
and whatsoever may be required by tho vnrions systoles of
telegraphy, and of all such other machinery, instruments,
toolB, or articles or things the mauutacturo of which may
bo offered to or obtained and accepted by them, tho
said parties to be interested ns owners in nil originul
inventions and improvements invented, purchased, or ob¬
tained by them, or cither of them, and in all tho in¬
terests nml profits arising from the business of mnnu-
lncturmg m the proportions nB hereinafter set forth.
Second. That the business of said firm shall bo known
and conducted under tho name and style of TnR Amemoan
Telequatu Wouks.
Third. The place of manufacture shall bo in tho city of
Newark, Stnto of New Jersey, until such time nB it may bo
mutually agreed to select somo other locality.
19
Fourth. The capital of tho firm shall bo nine thousand
($9,000) dollars, of which tho party of the first part shall fur¬
nish the sum of three thousand ($3,000) dollars in the inan-
norhorcin set forth, and the party of the second part shall
furnish tho sum of six thousand ($0,000) dollars in cash.
Tho capital to ho furnished by the party of tho second
part shall consist of tho stock, machinery, tools and inven¬
tions owned wholly or in part by him, of which an
invontory shall bo made without reservation ; but so much
of the stock, machinery, tools, and fixtures partly owned
by said party of tho first part, and in part owned by one
William Unger, as aro now located and in use nt the
former plnco of business, at number filteen (in) Railroad
avenue, Newark, Now Jersey, shall be allowed to remain
there for uso by tho parties hereto, and the snid William
Ungor, under tho unexpired partnership us existing at this
date between Edison, party of tho first part, and tho snid
William Unger, hut snid shop, machinery,' tools, and fix¬
tures, known ns number fifteen (15) Railroad avenue, shall
not he uScd ns n plnce of general manufacture upon orders
to tho detriment of tho interests of the manufactory to bo
established und known as the American Telegraph Works,
under tho auspices of and to lie owned by the parties to this
indenture, it being understood and stipulated that the
gcnoral manufacture ns hcrctnforu carried on is to be
transferred to the American Telegraph Works, to bo
established under this ngreoment. And tho transfer of tho
titlo to tho stock, machinery, tools, and fixtures and inven¬
tions owned wholly or in part by the party of the first
part to the parties of tho first und second part jointly, to be
held by them in the proportions, respectively, according to
tho amount of capital furnished as herein stipulated, shall
be taken and received ns full pnyment of the proportion of
capital to bo supplied by tho party of the first part.
Fifth. The party of tho first part shall givo his whole
time and nttoution, talents, und inventive powers to the
business and interests of the firm, mid shall admit no other
ns hereinafter set fortli ; but nil such shall enuro and belong
to tlie parties of tlie first nnd second parts, ns ubovo set
forth, in tlie proportions ns sot fortli in section sixth of tills
indenture: Provided, however, That the inventions made
exclusively for tho Gold & Stock Company, which under a
contract between said party of tlie first part nnd Mr.lfnr-
sliall Lcflcrts arc to be tlie sole property of the Gold &
Stock Company, are not to be included in this agreement,
lint tlie said Edison, or party of the iirst part, binds him¬
self not to invent under said contract any machinery that
will militate against automatic telegraphy, nor to sell,
transfer or convey to any parties .whntevor, without the
consent of the party of the second part hereto, any inven¬
tion or improvement that may be useful or desired in au¬
tomatic telegraphy. And provided further, that for any
original inventions or improvements that tlio party of the
first part may make other than such ns may be suggested
or arise from the current work in the manufactory, there
shall be allowed and paid by the firm to the party of the
Iirst part a reasonable and proper compensation therefor
according to its practical value, all things considered ; such
payment to be in addition to and irrespective of the pro¬
portionate part of the profits of tlie business of the firm to
which tlie party of tlie iirst part would be otherwise entitled.
And it is further agreed that it any disagreement shall
arise as to the sum which may be claimed as “ reasonable
and proper ” to be paid for such original invention, tho
ipicstion shall be referred to an arbitrator ; if preferred by
either of tlie parties, to three disinterested parties, one to
be chosen by each, and a third by the two thus chosen, and
whose decision shall bo final and binding upon both.
Sixth. That ail profits arising from tho biisiucss of the
firm, and from all iuvontions and improvements, nnd from
tho manufactory, shall bo divided between tho parties, as
follows: One-third thereof to tho party of the first part,
and two-thirds to tho party of the second part; and all
taxes, rents, insurances and oilier expenses, and all losses
or damages, if any such shall occur, shall he paid from tlie
general rceoipts of tho firm arising from its business. If
tlicro shall bo insufficient receipts, the deficiency shall be
supplied by tho parties hereto in tho ratio of one-third and
two-thirds, or shall be taken from the capital of tho coni-
Seaenth. The partners shall be allowed and paid from
the gross revenues arising from tlie business a sum equal
to fiftcon por cent, upon tlie capital per aiinnin, to be di¬
vided into monthly payments, and a like por centum on
moneys ndvnnccd by cither party over and above their
proportionate parts of tho capital us above set forth. And
all excess of profits shall rouiuin in tlie treasury of the
firm, to lie appropriated to the enlargement of tho works
and manufactory, and extension of tlie business, as may,
from time to time, bo agreed upon. Otherwise than as set
forth in this section, there shall be no moneys or property
belonging to the firm withdrawn, taken, or used by either
partner, oxccpt upon the written consent of botli partners.
Eighth. The party of tho Iirst purl shall have control
and direction ol the mnnufactury. and shall employ and
dismiss all workmen as lie shall ileum best for the interest
of tho firm : shall purchase at lowest cash prices, without
commission, tlie machinery, tools, stock, and other necessa¬
ries required in tho maiiufnctory, and generally shall bo
responsible for tho careful preservation of tho machinery
and property of the company, and I lie economical conduct
of the ninniitactiiring part of tho business, hut the manner
of kcoping the accounts and books of the firm and manu¬
factory, nnd the employment of persons required in keep¬
ing such accounts und books, nnd all that relates to the
financial affairs of tho firm and business, and tlie dispusi-
or approved, controlled and directed, nt Ilia option, by the
party of the second part.
Ninth. Tlioro shall be no notes given, nor liny liabili¬
ties created by any member of tlio firm, without the
previous assent of both the partners.
Before contracts shall be entered into for tbe manufac¬
ture of any given number of articles, it shall be the dnty
of the party of the first part carefully to estimate the
whole amount of moneys that will bo required to fulfil
such contract, if made, and the length of time that will be
required to produce the articles wanted ; and such esti¬
mate shall be submitted to the party of the second pnrt, in
order to ascertain if the financial condition of tlio firm is
such ns to justify the outlay, and whether, when making
the contract, it should not be provided in such contract for
advances to be made by the parties for whom the work is
to be done, in proportion ns the work progresses, and before
completion.
Tenth. Full accounts shall bo kept of all business done
by the firm, and all transactions of purclinsc, manufac¬
ture, sides, receipts and payments shall be clearly and
fully recorded, together with a detailed account of all ex¬
penses of whatever character incurred. And the books
nud accounts shall at all times lie open to the inspection of
either partner.
Eleventh. Each partner shall give a true account of all
moneys, property, mnttcr, and tilings thnt may come into
his bauds, or to ids knowledge, belonging to or concerning,
or in anywise affecting, said partnership or said business.
provements heretofore mado or that may bo hereafter
by tlio party of tlio first part, or ordors for machinery
instruments, or any’ part tlioreof, thnt may bo obtninc
oithorof tho parties liorcto, shall bo. manufactured, 1
: and filled at and from the manufactory to ho Bet up
; nted, or established under this copartnership, and i
other place, shop, or manufactory, without tho conso
all tlio parties to this indenture.
Thirteenth. It is further stipulated and agreed tlin
party of the second part may, at his own option, adi
third party into the firm upon terms of equality with
and with the party of the first part, thnt is to say,
equal third part or intorcst in all tlio inventions, s
machinery, tools, anil all other property of the firm a:
the business, with one-third share of the profits and 1
arising therefrom, and one-third boncfil,nnd an assiim
of one-third of all tho liabilities of tlio firm ; Provided
by the admission of such third party the interest ol
party of tho first pnrt in flic property and business o
firm shall not lie lessened thereby, nor the stipulation
agreements anil provisions of this indenture cluing
• modified, cxcopt in so far as must necessarily follot
- admission of n third pnrtnor upon nil equal footing i
forest and in all other respects, with all tlio right
privileges, nml subject to all tho restrictions, to be enj
or imposed upon the parties to this indenture.
Fourteenth. This partnership shall continue for a p
•or term of five years, from the first day of October, eigl
'hundred and soventy unless sooner dissolved by in
- consent of all the parties.
Twelfth. It is further stipulated, agreed, and under¬
stood that the manufacture of all machinery, instruments,
tools and other articles, other than bo much aB mnjr be nee-
• Fifteenth. At tho expiration of tlio partnership,
•its final dissolution, tho property and assets, alter pi
any ono of tho partners shall die boforo tho expiration of
the partnership, tho surviving partner or partners, if there
shall bo more than one, shall account for and pay over to
tho executors, administrators, or other legal representatives
of such deceased partner his proportion of tho monoys and
of tho proceeds of all property and assets owned by said
partnership or firm. •
Sixteenth. The provisions of this indenture may be
nltorcd or modified from time to time upon tho agreement
or written consent of all parties.
In witness whereof tho said Thomas A. Edison nnd the
said George Harrington have hereunto set their hands and
affixed thoir'soals in tho city of New York, on the day and
date first above written.
(Signed) ' GEO. HARRINGTON, r
THOMAS A. EDISON. L 'J
In presence of—
J. W. TltEADWELL,
Ohab. B. Hiooinson.
{Schedule 2.] , '
Whereas I, Thomas.A. Edison, of tho city of Newark,
State of Now Jersey, for certain valid and valuable con¬
siderations to me in hand paid, and in further considers-’
tion of certain covenants and stipulations to bo fulfilled by
George Harrington, of Washington, District of Columbia,
did stipulate nnd agree to invent and construct for tho said
Harrington full nnd complete sots of instruments and ma¬
chinery that should successfully and economically dovolop
into practical use tho Little or other system of automatic
or fast systoin of tolcgrnphy, nnd subsequently to improve
and porfcct such instruments nnd machinery by adding
thoroto, from timo to time, such further inventions ns ox-
pcrionco should demand nnd'my ability ns an inventor nnd
olcctricinn might suggest nnd permit; and furthermore to
prepare or cause to bo prepared tho necessary description
papors, tho models nnd drawings requisite to obtain patents
for all such inventions nnd improvements, tho said inven¬
tions and improvements to ho the joint property of thesnid
Harrington nnd myself, nnd the patents to ho issued to the
snid Harrington nnd myself in tho proportionate interest
of two-thirds to snid Harrington nnd ono-tldrd to mysolf;
tho wliolo to bo umlor tho solo control of saiil Harrington,
to bo disposed of by him for our mutual benefit in the pro¬
portions heroinbeforo recited, in such manner and to such
extent ns ho, tho snid Harrington, should deem advisable,
with power to sell, transfer, and convoy tho wliolo or any
part of tho rights nnd titles in nnd to nny or all of said in¬
ventions nnd improvements, ns nlso of tho patent or other
rights arising therefrom. And tho said Harrington having
faithfully fulfilled nil of the covenants and stipulations
ontcrcd by him ;
Now, therefore, bo it known that, in consideration
thereof and of tho sum of one dollar to me in hand paid, I,
Thomas A. Edison, of tho city of Newark, Stnto of New
Jcrsoy, do, by these presents, hereby assign, set over, nnd
convoy to him, tho snid Harrington, two-thirds in interest
of all my snid inventions, including therein all my inven¬
tions of mechnnicnl or copying printers, nnd of all tho
patents for all sncli inventions and printers, whothor
nlrcndy issued, npplied for, or to bo hereafter applied for,
and of all nnd whatsoever of my Inventions nnd improve¬
ments made or to bo mndc, nnd of all tho patents that may
bo issued therefor, that nro or may bo applicable to auto¬
matic tolcgrnphy or mechnnicnl printers.
And whorons Inin desirous of obtaining tho co-operation
and assistnneo of tho snid George Harrington in disposing
of my snid one-third interest, as boforo recited, nnd for tho
purpose of united and harmonious action in negotiating for
its uso or its snlo and transfer by or to others in conjunction
with ids own, and in such freo and unrestricted manner as
will tend to success, and for the sum of one dollar to mo in
hand paid, the receipt whereof is hereby acknowledged,
Now, therefore, bo it known that I, Thomas A. Edison, of
the city of Newark, State of Now Jorsoy, hnvo constituted
and appointed, and by those presents do constitute and ap¬
point, George Harrington,- of the city of Washington,
District of Columbia, my true and lawful and only attor¬
ney, irrevocable, with power to substitute for mo and in
my name, and in such manner ns ho may think best, to
soli, transfer, and convoy all of my rights, titles, and in¬
terest in and to any and all of.my snid inventions, and the
improvements thereto, whether mndo or to bo mndc, nnd to
sell, transfer, nnd convey all of my rights, by patent or
otherwise, arising therefrom already mndo nnd obtained,
nnd all such ns may hereafter bo made or obtnined, and to
cxecuto in full any or all the necessary papers mid docu¬
ments requisite for the transfer of title, and to invest in
other parties full and legal ownership therein, hereby
divesting myself of and investing him, the snid Harring¬
ton, witli all the powers necessary in tho promises, fully
and completely, to carry out tho purposes and intentions
herein sot forth, hereby fully confirming all that my said
attorney may or shall do in the promises as fully ns if done
by me in person, and requesting the Commissioner of
Patents to recognize him ns such nttornoy.
In witness whereof I have hereunto sot iny hand and
affixed my seal, in the city -of Newark, this 4th day of
April, 1871.
T. A. EDISON, [t. s.]
In presence of—
A. D. Coburn,
A. B. Oandee.
[Schedule 8.]
This memorandum of an ngreomont made tho ninth
day of July, 1874, by nnd between Thomas A. Edison nnd
George B. Prescott, witnosseth :
Whereas tho 6nid Edison nnd Prescott nro tho joint in-
rontors of certain improvements in telegraphic apparatus
desuribed ns magnetic duplex apparatus, being tho inven¬
tion nnd improvements moro particularly described here¬
after, for which invention tlioy nro about to apply for let¬
ters pntont .of tho United Stntes, to bo issued to them
jointly.
And wliorcns it is desired by both parties to enter into
certain engagements- with cneli other as to their respective
interests in such patent, and in tho uso nnd benefit thereof.
Now, in consideration of ono dollar to each of snid
parties by tho other paid before tho sealing and delivery
hereof, nnd tiie receipt of which is hereby by each of them
acknowledged, it is covenanted nnd agreed by caeli of said
pnrtios with the other as follows :
lBt. That the improvements and invention of which .
they nro the joint inventors and in respect to which this
agreement is made are all those inventions for making
multiple transmission of magnetic signals for uso in tele¬
graphy which are described in twelve several specifications
now in the hands of George M. Phelps, for tho purpose ot
making models of the machinery whereby such invention
enn be operated, and being all tho inventions ot said par¬
ties, whereby, at the samo timo and on the same wire, one
message may be sent in one direction nnd one message in
tho opposite direction, or two messages at once in the samo
direction, or at the samo timo and on the samo wire two
messages may bo sont in one direction nnd two messages m
the opposite direction.
• , -r ,.'Ui
2d. Tlmt both of thorn shall Imyo nn equal, undivided
interest in nil future improvements of either of said inven¬
tions which may bo made by either of them, and that, if it
lie necessary in order to secure such interests to cither, the
other shall make an assignment and transfer of sncli in¬
terest to him in duo form sufficient to vest such interest in
him, and to entitle it to be recorded in the United States
Patent Office.
3d. That botli of the parties shall have an equal, un¬
divided interest and bo joint grantees of ail letters patent
of tho United States or any foreign countries which may ho
granted for all or any of said inventions, or of nny future
improvements thereof, and of all extensions and reissues of
any such letters patent.
4th. That whereas Edison lias heretofore exponded
$1,125 for models and patent fees, the benefit of which he
contributes to the common interest, and waives reimburse¬
ment of that sum, or any part of it, Prescott hereby agrees
to pay solely and without contribution from Edison all the
future expunse and cost of specification, drawings, models,
Patent Office Ices, and patent solicitors' and agents fees,
and all other charges incident to the procuring of letters
patent for any of said inventions.
5th. That neither of said parties will sell, assign, or
otherwise dispose of the whole or any part of his interest in
said inventions or lettors patent therefor, or any of them,
without the written consent thereto first obtained of the
other party.
Oth. That neither of said parties will liimsolf manu¬
facture, use, or sell, nor grant licenses, or tho right in any
way to any other party to limn iitiict lire, use, or sell any of
the said inventions, or any improvements thcruof, or nuy
machine embodying or articlo containing nny of said inven¬
tions or improvements, or protected by any of said letters
patent without the written consent first obtained of tho
other party.
7th. No sale of any of tho said inventions mid no
license or right to mnko or use tho same iu any way shall bo
insde or given except at a price to which both pnrties ngroo,
and all net profits shall bo equally divided between tho par¬
ties hereto.
8th. Tim covenants and provisos of this agreement
binding either of the parties hereto simll also bind his ex¬
ecutors, administrators, -and assigns.
In witness wheroof tho said pnrties liavo hereunto
sot their hands and seals tho day mid year first above
THOMAS A. EDISON, |> «•]
GEORGE B. PRESCOTT, [l. s.]
Sonled and delivered in presence of —
R. II. Rochester.
County of New York, *s. :
On this ninth day of July, in the year one thousand
eight hundred mid sovcnty-foiir, before me, personally
, came Thomas A. Edison and George B. Prescott, to mo
known to be the individuals described in and who executed
the foregoing instrument, and severally acknowledged that
thoy executed the same for the purposes therein men-
v tioned.
R. H. ROCHESTER,
Notary Piiblio , New York oily.
V?
i
RULES OF PRACTICE
UNITED STATES PATENT OFFICE.
SEPTEMBER, 1875.
RULES OF PRACTICE
UNITED STATES PATENT 0FF.ICE
United States Patent Office,
September 1. 1875.
! following information and regulations, designed to
strict accordance with the revised, consolidated, and
ilcd law relating to patents for inventions and designs,
> trade-marks, are published for gratuitous distribution,
•ious forms, to which inventors and attorneys are
intended to conform as nearly ns possible, will be found
nted copies of the revised and amended law may also
tained by applying to the Patont Ollice.
WHO MAY OBTAIN A PATENT.
: If otherwise, a letter should accompany end,
to what application it belongs, and giving the 2’,?*'
arassasssoarS '
8. The application and oath must bo made by the actual Ml. ..
;r0r;,aIV°-T" if 0,0 «"«» is t0 «■£> toanaJttlri^
“Lt o'tl '0 ;UVl'“t0l'i8 llea,,■ t*10 application and *
oath must bo mado by his executor or administrator.
9. The application must bo in writing, in the English or, i„ ,
language, and addressed to the Commissioner of Patents ”S“P'
Tho petition and specillcation must bo separately signed by
tho applicant. Tho spceiBcation, claims, and all ameneb
?ac"ts must bo written in a fair, legible hand, otherwi e,
bo Office may require them to be printed ; and all inter!
liueutions or erasures should bo clearly marked iu a mar¬
ginal or foot note written on the same sheet of paper. All
. tho papers constituting tho application should bo attached
together. Legul-cap paper is deemed preferable, and a
wide margin should always bo left upon tho left-hand side
of tho page.
10. Tho applicant, if the inventor, must make oath or af- oaih M,i ]u
itraiution that lio does verily believe himself to bo tlio”“tu™-'
original and ilrst inventor or discovererof tho art, machine,
manufacture, composition,- or improvement for which ho
solicits a patent; thuthodoes not know and does not bc-
liovo that tho sumo was ever before known or used ; mid
shall state of wliut country ho is a citizen, and of what a
resident. If tho application bo mado by an executor or
administrator, tho form of tho oatli will bo correspondingly
clinugcd. Tho oath or affirmation may bo mado beforonny
poison within tho United States, authorized by law to ad¬
minister oaths, or, when tho applicant resides in n foreign '
country, boforo any minister, churgtS d'affaires, consul, or
commercial ugent, holding commission under tho Govern-
incut of tho United States, orboforo any notary publio of
tho foreigu country iu which tho applicant may bo, tho onth
whig attested in all cases, in this and othor countries, by
tho proper officiul seal of such notary.
tious ; nor does tho foot that one man furnishes tho capital
nml tho otlior makes tho invention entitle them to tuko out
a joint pntout.
wimt Kill bu A l)lltont wi“ not *JO granted to an applicant if what
ho claims ns now has been, bol'oro his invention, patented
or described in any printed publication iu this or any for-
oign country, or boon invented or discovered iu this country
nor if ho has ouco abandoned his invention, nor if it has been
iu publio uso or on sale more than two years previous to Ids
application.
wile, loiowi. B- If 't appears that tho iuvontor, at tho tiino of making
Sbrawi'hu fir!1 llia application, boliovos liiiusolf to be tho ilrst inventor or
discoverer, a patent will not bo refused on account of tho
invention or discovory, or any part thereof, having been
known or used in any foreign country before his invention
or discovery thereof, it not appearing that tho samo, or any
substantial part thereof, hud beforo been patented or de¬
scribed in any printed publication.
0. Merely conceiving tho idea of an improvement or uia-
ohiuo is not an « invention ” or “ discovory." Tho invention
must have been reduced to a practical form, either by tho
construction of tho maehino itself, or of n model thereof or
by making a drawing of it, or by such disclosure of’ its
exact character that a mechanic, or one skilled iu tho art to
which it relates, can and does, from tho description given,
construct tho improvement, or a model thereof, beforo it
will prevent a subsequent inventor from obtaining u patont.
MODE OF PBOCEEDINO TO OBTAIN A PATENT.
]&• ,7, ¥° BPl,I|eation for a patont can bo placed upou iho
flies ior examination until tho fee is paid, tho specillcation
and tho petition and oath are tiled, and tho drawings mid a
model or specimens (when required) are furnished. Tho
application must bo completed and prepared for exainina-
bon within two years after thoilliug of tho petition ; mid,
l "! ,, ™11 or 11110,1 f,,lluro of tho applicant to
prosecuto the sauio within two years after any action them-
°f ,'jbicU uoHeo shall havo been mailed to him or his
ra rcear(lodas abandoned, unless it bo shown,
lwoi“ n th000UU1'iS3i0"er, that such delay was
tk,U,t emr»thi"!> Pessary to malto tho applica¬
tion complete should be deposited in the Offlco at tho samo time.
, ” 01 0lai,"S» not substantially embraced in ll,
original affidavit, ho will bo roQuirod to file a supplement
onth relative to tho invention ns covered by snob n»w
enlarged claim orclninis; mid snob supplemental oath inns
bo upon tho sumo pnpor which contains tho proposed nmoiiil
12. Tho specification isnwritten description of tho inven
tion or discovery, mid of tho mnnnor and process of nink
ng, constructing, compounding, and using tho same, and
is required to bo in such full, cloar, coneiso, anil exact terms
a to tuo different
invention for wh
nciplo thereof nud
ooutouiplated mini
1 claim of tho pending application to whichever inven-
u ho may elect; tho other inventions may bo nmdo tho
ijoct of sepurnto applications.
.7. Tho specification must bo signed by tho inventor, or
his executor or administrator, and must bo attested bv
. witnesses. Full names must bo given, and all names,
Mer of applicants or witnesses, mast bo legibly written.
8. Tho applicant for n patent is required bv law to fur-
ii u drawing of his invention, where tho imturo of tho1
o admits of it.
9. Three several editions of patent drawings nro printed
published ; one for Ofllco use, certified copies, &c., ofl
size aud character of those' attached to patents, tho
k being about 0 by !M inches; ouo reduced to half that
e, or one-fourth tho surface, of which four will bo printed
a pngo to illustrato tho volumes distributed to tho
rts, &c. ;and one reduction — to about tho same scale _ of
lcctcd portion of each drawing, to illustrato tho Official
cttc.
his work will all bo done by tho photo-lithogmphio or
:r analogous process, and in coiisequcuco tho character0
mb original drawing must bo brought ns nearly ns pos-
i to a uniform standnrd of excellence, suited to the rc-
etnents of tho process, and calculated to give the best
Its, in tho interests of inventors, of tho Offico, and of
public generally. Tho following rules will therefore bo
lly enforced, and nny departure from them will bo cer-
to^auso delay in the examination of an application for
rs patent.
a. Drawings should bo mndo upon paper stiff enough
to stand iu tho portfolios, tho surface of which must be jj
calendered nud smooth. “Two-sheet” bristol-bonrd,
or sheets cut from Whatman’s hot-pressed drawing-
paper, “antiquarian” size, nro recommended.
Indian ink of good quality, to tho exclusion of all
other kinds of ink or color, must bo omploycd, to secure
perfectly black and solid work.
tlio “ sight » precisely 8 by 13 inches. Within this mnr-
gin nil work nml signatures mnst bo included. One of
tho smaller sides of tho shcot is regarded as its top, and,
measuring downward from tho marginal lino, a spacoof
not less than 1J inch is to bo loft blank for tho inser¬
tion of title, namo, number, and date. Tho signatures
will bo placed in a space loft at tho bottom of tho sbeot.
c. All drawings must bo made with tho pen only,
using tho blackest Indian ink. Every lino and lottor,
(signatures included) mnst bo absolutely black. This
direction applies to all lines, liowovor flue, to shading,
and to lines representing cut surfaces in sectional views.
All lines must bo olonn, sharp, and solid, and they must
not bo too lino or crowded. Snrfnco shading, when
used, should boleftvcryopen. Sectional shading shonld
bo by obliquo parallel lines, which may be about one-
twentieth of an inch npnrt. Tho usual reduction will
bring them to about ono-sixticth of an inch distance.
d. Drawings- should bo made with tho lowest lines
possiblo consistent with clearness. By observing this
ralo 'tho effectiveness of tho work nftor reduction will
bo much increased. Shading (except on Boctionnl
• viows) should be used only on convox and concnvo sur¬
faces, whore it should bo used sparingly, and mny oven
there bo dispensed with if tho drawing is otlicrwiso well
executed. Tho plane upon which n sectional view is
taken should bo indicated on the general view by a
broken or dotted lino. Heavy lines on tho shudo sides
of objects should bo used, except where they tend to
thicken tho work and obscure letters of reference. The
light is always supposed to como from the upper left-
hand corner, at an angle of forty-lira degrees.
Imitations of wood or surface-graining must novel-
bo attempted.
c. Tho scale to which a drawing is mndo ought to bo
largo enough to show tho mechanism without crowding,
and two or more sheets should bo used ir ono docs not
give sufficient room to accomplish this end; but the
number of shoots must never bo increased unless it is
absolutely necessary. On tho othor hnnd, when an in¬
vention is simple and easily understood, it should be
shown on a small scale, and unnecessary space should
not bo occupied, oven on a single sheet.
It often happens that an invoution, although consti¬
tuting but n small part of n machine, has yot to bo
7
represented in connection with other and much larger
parts. In such eases a general view on n small scnlo is
rccommouded, with ono or more of tho invention itself
on a mncli larger scale.
/. Lottors of roforonco mnst bo woll and carefully „f.
formed ; they are of tho first importance. When at all
possiblo, no lottor of reference should measure less than
ono-cighth of an inch in height, that it may boar reduc¬
tion to one-twonty-fonrth of an inch, and tlioy may bo
much larger when there is sufficient room.
Bcforenco letters must bo so plneed in thocloso and ■'V-esSS
complex parts of drawings ns not to interfere with a
thorough comprehension of tho same, and to this end
should rarely cross or mingle with tho lines. When
necessarily grouped around a certain part, they shonld Hf
bo placed at a little distance, where there is available HT
space, and connected by short broken linos with tho H
parts to which tlioy refer. Tlioy must novor appear H
upon shaded surfaces, and, when it is difficult hvavoid HI
this, a blank spaco must bo left in tho shading where HI
tho letter occurs, so that it shall npponr purlbctly dis- HI
tini-.t nml ocpnrnto ft-om tlio work. ■
If tho same part of an invention appears in more M
than ono figure, it should always bo represented by
tho same letter. Jj
When it is necessary to turn a drawing upon its side
in reading n certain figure, its number and roforonco
-letters should bo mndo to correspond, and should bo so
placed thnt the sheet will bo turned to tho right.
g. Tlio signature of tho inventor is to bo plneed nt^ stature, and
the lower right-lmnd corner of tlio sheet, and tlio sigun- 1 a
tares of the witnesses ut tho lower left-hand corner,
all within the marginal line. (Seo specimen shcot.) Tlio
title should bo written with pencil on tho back of tlio
sheet. Tho permanent nnincs mid title will bo supplied
subsequently by the Offico in uniform stylo.
When figures are larger than tho width of tho shoot,
Jho latter is turned on its side, anil tho spneo for head¬
ing will bo left at tho right, and thnt for tlio signatures
at tho left, occupying tho sarao spneo and position ns in
tho upright subjects, so thnt tho bending and names
’ will road right when tho drawing is hold in an upright
position.
tiou of a figure with express roloronce to tuo unzette,
but which might, ut the suuie time, net us oue of tho
figures referred to in tho specification. For this pur¬
pose, tho figure may be a plan, elevation, scotion, or
perspective view, according to tho judgment of tho
draughtsman. It must not cover a space oxcecdiug
sixteen square inches. All its parts should be espe¬
cially open and distinct, witli very little or no shading,
and it must illustrate tho invention claimed only, to
tho exclusion of all other details. (See Fig. I, opposite
page 42.) When well executed, it will bo nsed without
curtailment or change; but any attempt ut oxccssivo
■ fiueuoss, crowding, or unnecessary elaborateness of de¬
tail, will iusuro its rejection for Gazette purposes.
i. Drawings should bo rolled for transmission to tho
Office, not folded. •
No agent’s nor "attoiney’o otamp, nor any written
address, will bo permitted upon tho face of a drawing
within or without tho marginal line.
These rules do not apply to drawings for designs nud
trade-marks, as the Oflice does not duplicate these.
(See ltules for Designs aud Trade-Marks.)
Id applications upon dcsigus. It must clearly exhibit every
feature of tho muchino which forum tho subject of a claim
of invention, but should not include other matter tbuu that
covered by tlio actual invention or improvement, unless it
is necessary to tho exhibition of a working model. When
the invention is a composition of matter, a specimen of each
of tho ingredients and of the composition, properly marked,
must accompany tho application.
05. ti,o model must bo neatly and substantially mado of
durable material, metal being deemed preferable; and
should not in auy case bo more than one foot in length,
width or height. If made of pine or other solt wood, it
should bo painted, stained, or varnished. Glue must not
bo used, but tho parts should ho so connected ns to resist
tho notion of heat or moisture.
■>(1. A working model is always desirablo, in order to on
able tho Ofilco fully and readily to u. 1 l 1 tl t
operation of tho machine. . ,
27 Tho model, unless it is deemed necessary that it b<
preserved in tho Oflice, or unless it bo otherwise dispose!
of, may bo returned to tho applicant upon demand, and a
his expense, in all cases where an application has boon re
jeeted inoro than two yenrs; and tho model, in any pend 1
Sof less than two years’ standing, may be returned t
tho applicant upon tho flliug of a formal abandonment 0
tho application, siguod by applicant in porson.
28 -Models filed ns exhibits, in interference and othc
cases, may bo returned to tho applicant or otherwise du
posed of at tho discretion of tho Commissioner.
THE EXAMINATION.
tions to tlio nbovo rulo in rotation to tbo order of oxann.
' nation. If an application is found to conflict with a envent,
its examination will ho suspended ns hereinafter provided.
Tho first stop in tlio cxnmiuntion of any application will ho
to determine whothor it is, in all respects, in proper form.
If, liowovor, an objection' ns to form is not vital, tlio exam¬
iner may proceed to the consideration of the application on
its merits; but in such case lie must, in his first letter to
applicant, state all his objections, whether formal or other¬
wise.
inf 30. Tlio personal attendance of tlio applicant at tlio Patent-
"“'Oflleo is unnecessary. The business can bo dono by cor¬
respondence or by attorney ; and if there has been an assign¬
ment of the whole or of an undivided part of the invention,
the assiguoo, or, in the latter ense, the assignee and the
inventor jointly, will bo recognized as the proper party to
prosecute tlio application.
ltd, 31. Tbo applicant has a right to amend after tlio flrst rc-
"">1jection; and ho may amend as often as the examiner pre¬
sents any now references. After a second rejection, and at
to time of the fllin
i this can only bo n
volition docs. not ni
nt of the specillcii
f to tlio Ooimnissi
«rcrv case of amendment tlio exact worn orwoum w
stricken out or inBortcd should bo clearly specified, and
the precise point indicated wlioro tho erasure or insertion
is to bo made.
o-i whenovor, on examination, any claim for a patent is
mlcotcd for any reason whntovor, the applicant will bo
Scd thereof, and the reasons for such rejection will bo
-ivon, togothor with such information and references as
my bo useful in judging of tlio propriety or
hi supplication or of nltcring his specification; and if, nfte
Lining such notice, ho shall persist in his claim for
patent, with or without altering his specification, tlio ensi
rill ho ro-oxntnincd.
11 Unon the rejection of an application for wnnt c
,0T0lty,Pthe examiner must cite the best references
,is command, and the applicant will, ‘f * nll
he entitled to a specific rcforonco (by na.no, dato, a
riass,or tho equivalent thereon to tlio article ornrticl
by which it is anticipated. If ho desires a copy of tl
so referred to. or of tho plates or drawings co
nested with them, they will ho fonvartM to um, iHr.
possession or tho Ofiicc, on payment of tlio cost
sncli copies.
35. When the rejection , of an
35. WllCll tlio ri-jL-u,... . . .
another enso previously rejected
abandoned, tlio applicant will hi
but not withdrawn
furnished with all infi
(l, tho applicant will l>c niro
relation to tlio provion lj rejeci ted ' t
necessary for tho proper nnderstan
his own. But this rule does not
pending applications ns references.
30. Tho specification, especially if the <'l',1”1“
must hi amended and revised, if required * **«*m».
for tlio purpose 0r correcting corr(!9pomlci
or unnecessary prolixity, a of tlm invent
between tlio statement «nl1 ” or „f gn
siy-rejccwu - . .
ndiug and management
b authorize tbo citation
12
DATE OP PATENT.
fo° 1,1,8 been l>ni(l to the Treasurer or le i, . tl,u
\ 7 •JejiBuatod de^itariT of'tC
/ th« rim ‘S’.0*0 eertWcat“ of deposit) bo not rccoivcd at
g plication, as hereinafter provided. * 10W ,lp‘
A patent will not bo antedated.
WITHDRAWN AND REJECTED APPXICATIONS
*" " "p rrJ^cd
oTc^'actir^r^dle^o^or «**<*£&
rart:jt rsi^^r^r "*-**■ *»
regarded as eonstitati’ng » tno!™! ° U,°Ut,°,,ed’ *D1 b“
* ■
action tbcrcoa, it must bo shown to V ^’C“ra a,ler a,,J'
Commissioner that such delay was uaJ^S^" ^ ^
appeals.
CW°'' a,,y of thodS’S1 whfcMmlo" twice1" “to tal,e|0f Opat0n4
appeal from the decision of tko 7 b °“ reJcctcd> “ay
must bo filed, slgucd by the partv^Tld P0ti?0,‘in writi"S
uStunrit ®*1® Statement Of tlin rnnn ...s',
' distinctly and speci" •• nl,pcal sl,<mld l,oil|t out
- supposed errors of tho ox-
amincr’s notion, and should const!!. ,, fl
met upon which tho applienn ' elv h, °f “* nrgl" ' U
appeal. Before tho appeal is outer lined ?,"1,port °f bis U
statement will bo submitted to tZ br ‘'“board, this |f
will make nnswerinwritingtouehiiii n«r} OJ!nminori "']l° tJ ''
tlioroin. 8 touol,i,,ff all tho points involved U . J
' If tho appollnnt desires to bn i„„, ^@8
boanl, bo should so indicate wlionhn°mn y boforo 1,10
of hearing will then bo flxed nnrt dlli '‘l? np,)unI i ■ d«.v
bo given him. s«'l, and duo notice of the same
'A3. Tho oxaminors-in. chief will consider ti
when last passed upon by tho 2,m. tI,00!,80nsit™s
revising ids decisions so lim ns mv wf J’ "01'’"’010'!’
appellant. If, however, thoydiscSr oZc'nlnltV"0
by tho examiner, why a patent sl,n„i,i „ ?• "ot glvea
aiako a statement to tlttU; effect to the T183'!*’11 1 should
If affidavits are ™™i.. ! 10 Con,lm8aio,,®r.
lias been npponled, tho appllMtion will'l ^ 0ft8r tbo case
“"minor for reconsideration. ° romn,u,od to tbo
>iiiiiHy fficdl1 or."^ ainen^c™inC "“nmtttwof <?ni"IS ns or'g‘ too™,3",l,0‘
. ;«.o amonded claims; and „Ythe ,n8 ^ 7°°’ npon
upon and all proliminarv anil ! USfc bo Imssed
be^cttled before tho ease is appealed to ^e ZHt” mUSt
p™“o7™S'Zc T" 1,rCli'ni,mry 01 “tora.ediato/rr.fra„F,
L„ 7," n - f "ct> onco wpoated, will bo ro-ovnni- Ef««EJr v°m'
ta’soUin,? ST* inperson> ‘",0" written applies-
rreto b h7“ J :igr0nm,S °f U“ a»P«»'. and aimwer
of this class no ZZZ^l
Jn\ ^ Wbicb ,lavo bcon '“aril and decided on appeal ,,, ,
■ , '0 b!f7,,e',Cd ¥ «.o examiner without ita S ^'
l Commissioner; and cases which have been
ibem l^nt M7miere i,1C"iflf wi" ,,ot be reheard by
“em, except upon tho snino authority,
unses which have, been deliberately decided by one Com-
«S state or f0ttb° T"9idcrc<1 * l,is upon tho
occordanne T ,0y ,n"y’ l,owovor, bo rcoponed in
primes wind, govern th0
O^nt'i! 0n8¥ '7i0b bnV0 bcon notc(1 0,‘- by tho board a,.„.-.i. ,„ra
a- .wainhiers-m-ohiof may bo brought beforo tho Coiiimis."f r',“’r"“"
in porson, upon a writton request to that ofleot,
14
>u- 47. From au adverse decision upon tlio claims of ail nppli.
'cation au appeal may bo taken to tlio Supremo Court of tlio
District of Columbia sitting fa banc. In taking such ap¬
peals the applicant is required, uuder tbo rules of tbe court,
to pay to tlio clerk of tlio court a dockot-feo of ten dollars,
mid bo is also required by law to lay boforo tbo court certi¬
fied copies of all tbo original papers and ovidcuco in tlio
ease. Tlio petition should bo filed nud tbo fco paid at least
ten days boforo tlio commcneemcut of tbo term of court at
wbicb tbo appeal is to bo beard.
Immediately upon taking an appeal tlio appellant must
give uotieo thereof to tbo Commissioner of Patents, and filo
in tbo Patent-Oflieo bis reasons of appeal, specifically sot
forth in writiug.
Tbo docket for tbo trial of cases appealed from tbo dccisiou
of tbo Commissioner of Pateuts will bo called on tbo first
day of each session of tbo supremo court of tlio Distriut of
Columbia in general term. These sessions nro held tiirco in
each year, and begin respectively on tlio lint Monday iu
January, the third Monday in April, uml tlio foui-tli Monday
in September.
» J8- 111 eases of interfcreuco parties lmvo tlio sumo remedy
o by appeal to tbo examiners-in-chief, mid to tbo Commis¬
sioner, as iu' cx-parte cuses; but no appeal lies iu such cases
from tbo decision of tbo Commissioner. Appeuls in inter¬
ference cases should bo accompanied with a briof statement
of tbo reasons therefor; and both parlies will bo required
to filo briefs of their arguments at least live days beroro tbo
day of bearing. Printed briefs arc in all eases preferred.
40. All cases peudiug boforo tbo Commissioner, tho bonrd
of exnmiuers iu-chlcf, or tbo examiner in charge of interfer¬
ences, will stand for argument at 12 o’clock on tlio day of
bearing, unless some other hour bo specially designated.
If cither party iu a contested case, or tbo appelluut iu an ex-
parte case, appears at that time, ho will bo heard, but a con¬
tested case will not bo taken up for oral argument after tho
day of bearing, except by consent of both parties, if tbo
engagements of tho’ tribunal before whom the caso is pond¬
ing aro such as to prevent it from being taken up ou tbo
day of bearing, a now assignment will bo made, or tho caso
will bo continued from day todnv until i , „ '
wise ordered before tbo bearing beginl^m ' UuIess otbor-
bo limited to one hour for each counsel nrg"",onta wiU
been urgued, nothing further relatim- H Aftur mi>’ case bns
.nnlcss requested by tbo tribunal liiWnetbol"11; bcara
, caso; and all interviews for tliis n.mL ?ai°'‘ °f 1,10
interest or their attorneys, will bo luvmTaVdouielb1^
MOTIONS IN CONTESTED CASES.
to 0tst°b
scn-cd upon tho opposite party or bis - tin- ’ - bo
t INTERFERENCES.
wu may •isob° ftMta ■ “io
|^2^r:sr,ho“,,cscd“b u° et
totofcnmeonU preliminary «»«,.<
tho iam a i ^°. sottM ^,0 primary examiner, and
I8a “? c,ear,3r Uellucd; the invention which is to form
aLtr °f, ‘I10 t0,,l,0Vt^ ««■» •» ilecided to bo
Patentable, and tho claims of tlio respective parties must
fil nfim h i COnUiti<m tbat tbey will not require altera-
uou af or tbo in erfereiico lias been finally decided, unless
Mcb clim'igo^ 'CCtl Ul’°U U,° triaI “botlU1 UOCL‘3s'(ato
’ 1" "'ill bo declared in tbo folio wiug<cases :
JW® conflict in wholo or in part.
two or moru applications nro pending at
iao emuo tmio, in euch of which a like patentable invention
*ZT ?r, described, mid clafiued iu ono though not spe-
f^ly claimed iu an of them.
>»:. >ri*' n" applicant, having been rejected upou an
umpired patent, claims to lmvo rondo tho invention before
tlio patentee.
02. Tho fact that one of tho parties has already obtained
a patent will not provont an intorforenco; for, although tho
Uoininissionor has no power to caneol a patent already
ssued, ho may, if ho finds that another person was tho
)rior invontor, give him a patont also, and thus place
>oth parties on an equal footing beforo tho courts and tho
mblie.
03. Boforo tho declaration of an interference proper
irehminary intorforenco will bo declared, in which the
irimary examiner will notify tho respective parties when
lie applications of tho other parties wero illcd, together
ritli their names and residences. Bach party to tho intcr-
jrcnco will bo required to fllo a statement under oath
lving a detailed history of tho invention, showing tho
ato of tho original conception, and tho dnto that tho '
ivention was reduced to drawings or model, and tho dnto
r its completion, and tlio extent and character of use
ho l'nr ties will bo strictly held in their proof to the
ites set up in their preliminary statements. This state-
cut must be scaled up boforo filing, (to bo opened only
r tlio examiner of interferences,) and the namo of the
irty filing it and tho subject of the invention indicated
i the envelope.
Tt!,en80nn!rt0mi!nt8 S.Ua" n0k 10 open t0 tbo inspection
tho opposing parties until both havo boon died, or
ltd the time for filing both has expired: nor then, mi-
i l r fan,ined ^ tb« proper officer and
rod to bo satisfactory. At tho time of tho oxamina-
” preliminary statements tho oxaminer of inter-
f 'u l “lso mnlt0 “n oxaipination of tho proliin-
ordor In U’f (.mstitutc<1 by «'o primniy examiner,)
order to ascertain whether or not tho issue between
parties lias been clearly defined. If it bo found,
such examination, that tho preliminary .inning, Hen
ncndedT wi thiS particuIar* thc interforonco will bo
amendment. retUr"°d 10 41,0 ■■
fatU“ UP°"'Wl,°m r08ta tb0 burden of proof fails to
rcome l?n Stato.raeut' or ».«« statement fails to -
rcomo tho primafaae case mado by tho respective dates ,
nUon orYi > f 8h,0W8 tUat b0 bas nbnudoued his
8 before h ! ‘ ^ ^ iD Pub,i0 U8b ‘ban two .
boforo his npph cation, tho other party will bo entitled
bis application. The p °“ Bt * ,lnto piior
•bo used ns ovidenco in bob" f of TT °a'1 iu 110 ca8a
aso is to dotormino whether the » y "mlti"s iL Ita
. seeded with, and to Wo L 8,laI1 bo p«>-
for tbo other party. 8 01 oross-oxnininntion
fllSeS tU° tini° for
sons therefor, in tho form on v n P.le80,,t his "»■
previously fixed upon. «mdu\ it, prior to tlio day
whom rests tho lmrdcnIofl'nroo|-eK by 1,10 "PPUcant upon
been taken by such applicant tat°.mMCr?ltMt,l"°"y ba3 '
i liDrille tlio time assigned to tl o hit " °ther part*
sidcrcd closed, and, upon n rot “ i i ’ ,° C"S° wiU bo c°“'
of tho timo assiguedPto such nni tV' ma,]onttl,ooxPirntioii
set for hearing mtty bo
after. } ""° "ot ,css tbl"> t«n days there-
provided in Rulo 48. 1 ° 0 e tl10 “mmicr
' rj
fj^apsasnsras-
2h 5'EX iittortbreueo tho party who flrst filed so o,
o ,, p ,J m"J talco rebutting testimony, but shall tnko
18
no otlior. If tboro nro moro than two portion, tho times for
taking testimony will bo so arranged that each shall have
. a like opportunity in his turn, each being hold to go forward
and provo his enso against those who died their application
before him.
' Postponing tak* 58. If it becomes necessary for either party to liavo tho
tng tutimonv. (imo for taking his testimony, or for tho lionring, postponed,
ho must luako application for such postponement, and must
show sufficient reason for it by affidavit ns provided in little
113, died beforo tho timo previously appointed has clnpscd,
if practicable, and mast also furnish his opponont with
■ copies o'f his affidavits and with reasonable notice of the
timo of hearing his motion.
Prerequisite to, 00. An intcrforciico will not bo declared until the subject*
matter involved is decided to bo pntontnblo. If after being
declared it is found that no intcrferonco in fact exists, or
thnt thero has beon such irregularity in’ declaring tho same
as will preoludo tho proper determination of tho question of
„ nf ™ c;s ln right between tho parties, it will be dissolved,- and an appeal
may bo taken to the Commissioner in person.
r to of during tho continnnuco of an interference, it shall ap¬
pear thnt noitlior party is outitlcd to a patent by reasou of
abandonment, public use, or any other statutory bnr, tho
exnmiuor of interferences, or examiuors-in-cliicf, ns tho enso
mny be, will direct tho attention of tho Oomtnissionor to the
. j a regular hearing, Tho Commissioner, if in his judgment it
a is necessary, will then suspend tho iatorforonco and remand
J the cases to tho principal examiner for tho determination of
any of these questions.
If judgment bo bnsed upon a concession of priority by
cither of tho parties, such concession must bo in writing!
and under tho signature of tho inventor himself; nnd if there
has been nil assignment, the assignee must join in tho con¬
cession. .
romun™'’ffiStr C0- No amendments to tho specification will bo received
during the pondoucy of an interference, oxcopt ns provided
in section 01. A second interference will not bo dcclnrcd
upon a now application on tho same invention filed by oitlior
itoi'cariim tmil’arty during tho pendency of an Interference, or nftor judg*
«iSS! “ " cr’ incut, nor a rehearing bo granted, unless it be shown to the
satisfaction of the Commissioner (in person) that tho party
desiring a now interference or rchonriug lias now nnd mate¬
rial testimony which ho could hot liavo procured in time
for the. hearing, or unless other sufficient reasons bo si,n„„ ^
satisfactory to tho Commissioner. 8 bo shown,
"aasSSSSHSrW-
only of tho specifications ns refers to the intorfnrin i ,
And either party may, if ho »
mwaimifolit o0 h"""? a<1J"<lge<1"ot to interfere, and file a
now application tliercfor: Provided, That tho claims so with-
drawn covor inventions which do not involve tho devices in
interference -. And provided also, That tho devices in inter-
fram hiq ,,ow m
enso tho latter will bo examined without rororcuce to tho
intorfcronce from which it wns withdrawn.
REISSUES.
02. A reissue is granted to tho original patentee, his legal iw«inr«,* „t,
. representatives, or thonssignecs of tho entiro intorcst, wlion, m“r n|‘",y -ror-
. by ronson of a defective or insufficient specification, or by
reason of thopnteutcoclnlmingnsliisinvcntiouordiscovory
moro than ho had a right to claim ns now, tho original pat¬
ient is inopemtivo or invalid, provided tho error lmsnrison
from inadvertence, accident, or mistake, nnd without any
fraudulent or deceptive intention. In tho cases of patonts
issued nnd assigned prior to July 8, 1870, tho application
for rcisstio may bo made by the nssigneo; but, in tho enso
of patonts issued or assigned sinco that dnto, thoupplicn-
tiou must bo made and the specification sworn to by tho in-
j ventor, if ho be living.
03. Tho petition for a reissue riust bo accompanied with a wtuu must no
certified copy of the abstract of titlo, giving tho names of tK!'5”5' rctl
nil assignees owning any undivided interest in the patent;
. and in case tho application is ninilo by tho inventor, it mast
; ho accompanied with tho written assent of such assignees.
:*'■ I" applications for roissuo, under sovoral different divisions,
a petition, onth, drawing, and specification must nccotnpntiy
■ f. each division.
fa,, 01. Thogcnoral rule is, thnt whatever is really embraced w'.«i mnrni
K.in tho original invention, and so described or shown that itmc"'" nlbwc'1-
i.. digit t have been embraced in tho original patent, maybe
ijitko subject of a reissue; but no new matter shall bo intro-
induced into tho specification, nor shall tho model or draw-
.things bo amended cxcopt each by tho other; but, when
ii tlicro is neither model nor drawing, amendments mny he
3tj; made upon proof satisfactory to tho Commissioner thnt such
now matter or nmoiidmout was a part of the original invon-
tion, null was omitted from tbo specification by inadvertence
accident, or mistake, ns aforesaid. ’
J2U2S& 05 • Eciss“cd Paints expire nt tl»o end of tbo term for
u°». which tbo original pntouts were granted. For this reason
applications for reissuo will take precedence, in cxnmiun.
tion, of original applications.
J.taofmt. GO. A patentee in reissniug may, nt bis option, linvo a
separate patent for eaelt distinct and sepnrato part of tbo
invention comprehended in bis original patent, by paying
tko required fee in each case, and complying with the other
requirements of tho law, ns in original applications. Each
'division of a reissue constitutes the subject of a separate
specification descriptive of tho part or parts of tho invention
clnimed in such division ; nnd tho drawing may represent
only such part or parts. All tho divisions of a roissuo will
issuo simultaneously. If tliero bo controversy ns to one, the
others will ho withheld from issno nntil tho controversy is
to°so* examined °.7- T“ 1,11 cnscs of applications for reissues, tho original
anew. claim, if reproduced in tho amended specification, is sub¬
ject to re examination, and may bo revised nnd restricted
in tho same manner ns in original applications. Tho nppU-
cation for a reissuo must bo accompanied by a surrender of
tho original patent, or, if lost, thou by an affidavit to that
effect anil a certified copy of tho patent; but if any reissuo
ho refused, tlieongiunl patent will, upon request, be returned
to tho applicant,
DISCLAIMERS.
laimcrs. eg. Whenever, by inndvcrtcnce, accident, or mistake, tho
claim of iuven tion hinny patent is too broad, embracing more
than thntof which tho paten tco was tho original or first invent¬
or, some material or substantial part of tho thing patented
being truly and justly his own, tho patentee, liis heirs or
assigns, whether of a whole or of a sectional interest, may,
upon payment of tho duty required by law, make disclaimer
ot such parts of the thing patented ns tho disclainiant skull
2,00SV°.C 'im01' t0 1,01,1 by virtuo tl.6 patenter
assignment, stating therein tho extent or bis interest in
such patent ; which disclaimer slinll bo in writing, nttestod
£ ir“r''!or' 1 08 cs 8l'«» I)o recorded in the Patent
r p.fi -d 8,laU ‘hereafter bo considered ns part of tbo orig-
r h , Re ification, to tbo extent of tbo intorest possessed
rcwnl thereof14 "Ua bj’ U‘0S0 Cl"lm,ne ’"‘dcr 1,iw "ftCP tl)0
the expiration of the origin*! term £ fl?m
sinco March 2, 1801, can bo evtm>,i/,i n?,° 1>ntont smntod
bcon reissued in two or more dlvial'n. W^ei> ft patout has
tions must bo made for the oxteii^oTcnob’XisioT11011'
and pay int“o requisite fee not‘ more Umifsh" months nor r*^“ ^ A
“oeTrtiflearalr t0 “,0 of bis
raHnn ^ H . oxtonsion will bo signed after tho expi-
minbcntL, for 'i ■ "a1'®1 aro caution(!l1 to make their
hi Mkon H o , toUT'; 1,1 ti,ao t0 nllow ‘>*0 testimony to
r TS to b0 had’ a,,d d0ci8io“ mado, so that
tho final foo may ho paid and tho certiilcnto signed boforo
tlio patent expires; otherwise, extension.will bo denied.
I,0rf°1.1 Wh0 inte,lds t0 oi'l'oso an application for n»n.on„tr»ni.,
extension must givo notice of such intention to tho applicantor tt™."1”'^
or bis attorney of record within tho time hereafter named, ^
and furnish him with a statome.it of bis reasons of opposh
!!m'-,trCr !•» "°WiU 1,0 rceardcd 88 a Party in the case,
and will be entitled to notice of tho time and place of taking
testimony, to a list of tho names and residences of tho wit-
■ ”?ssos wll0S0 testimony may have bcon taken previous to
■ his service of notico of opposition, anil to a cojiy of tho ap-
phcatiou nnd of any other papers on illo, upon paying tho
cost of copying. Ho must also immediately file a copy of
such notico nnd reasons of opposition, with proof of sorvico
of tho same, in tho Patent Office.
If the extension is opposed on tho ground of lack of nov¬
elty in the invention, tho reasons of opposition should con¬
tain a specific statement of any nail all matter relied upon
for this purpose.
72. Tho applicant for a c\tc tf 1 to tho wtati.rcquir-
Ofilee a statement in writing, under ontli, of the ascertained oaorpcllUoMr'
. vnluo of tbo invention, nnd of bis receipts nnd expendi¬
tures on account thereof, both in this anil foreign countries.
. This statement must bo mnilo particular and in detail, un-
less sufllcicnt reason is set forth why suclra statement can-
j - not bo furnished. It must in all cases ho filed with tho pe¬
tition. No exceptions will bo mnilo to this rule.
Such statement must also bo accompanied with a certified
§§§1
cou Kfio rod- 73. The questions which nriso on cncli application for an
prwa required. extension aro :
First. Was the invention new n»d useful when patented?
Second ., Is it valuablo and important to tho public, nml to '
wbnt oxtent?
■fl’hird. Has tlio inventor been reasonably remunerated for
tlio timo, ingenuity, and expense bestowed upon it, nud tlio
introduction of it into nso 1 If not, has liis fniluro to bo so
remunerated arisen from neglect or fault on bis part?
Fourth. Wlint will bo tlio effect of tlio proposed extension
upon tbo public interests ?
No proof will bo required from tbo applicant upon tbo
first question unless tbo invention is assailed upon those
points by opponents.
To enable the Commissioner to come to a correct conclu¬
sion in regard to tbo second point of inquiry, tbo applicant
must, if possible, procure tbo testimony- of persons disinter-
. ested in tbo invention, wliicli testimony should bo taken
under oath. This testimony must distinguish carefully beticeen
the specifto devices covered by tho claims of the- patent and the
general machine in which those devices may bo incorporated.
In regard to tbo third point of iuqniry, in addition to bis
own oath, showing bis receipts and expenditures on account
of tbo invention, tbo applicant mast bIiow, by testimony un¬
der oath, that bo has taken all rcnsonublo measures to intro-
dneo his invention into general use; and that, without neg¬
lect or fault on bis part, bo bns failed to obtain from tbo uso
and sale of tbo invention a reasonable remuneration for the
time, ingenuity, and expense bestowed on tbo same, and
tho introduction of it into nso.
giving 74. In case of opposition to tbo extension of a patent by
notico. any p0r80U) both parties may take testimony, each giving
reasonable notice to tbo other of tho timo and piaco of taking
said testimony, which shall bo takeu according to tho rules
hereinafter prescribed.
Ilttm 7S. A»y person desiring to oppose an extension must
privileges. servo bis notice of opposition, nnd file his reasons therefor,
nt least ten days beforo tho day fixed for tbo closing of testi¬
mony ; but parties who have not entered formal opposition
in timo to put iu testimony may, nt -Urn discretion of tbo
Commissioner, bo permitted to appear on tho day of hear-
^ iDS’ #nd mako nr6«uienttipon tho record in opposition to tho
grant of tho extension. But in such case good cause for
tho nogleet to inako formal opposition must bo shown.
70. In contested cases no testimony will bo rccoivcd, un- Timsortainug
less by consent, which lias boon taken within thirty dnyst““'M“ir'
next after tbo filing of tlio petition for tho extension.'
77. Scrvico of notice to take testimony may bo mndo upon scrvire at
applicant, upon tlio opponent, upon tbo nttornoy of record lia°aj?l“li°t“u‘
of cither, or, if tlioro bo no nttornoy of record, upon nay
attorney or agent who takes part in tbo sorvico of notice,
or in tho examination of tbo witnesses of oither party.
Where notico to tako testimony bns nlrendy been given to
an opponent, and a now opponent subsequently gives notico
of his intantion to opposo, tbo examination need not bo post¬
poned, but notico thereof may bo given to such subsequent
opponent by mail or by tologmph. This rule, howovor, does
not apply to cx-parte examinations, or tboso of which no
notico has been given when notico of opposition is sorved.
78. In tho notico of tho application for an oxtonsion a Taking mu.
day will bo fixed for tbo closing of testimony, nnd tho day S|“y “ll lc?r'
of hearing will also bo named. Application for a post¬
ponement; of tbo day of bearing, or for further timo for ’
taking testimony, must bo mndo and supported according
to tlio snmo rules ns arc to bo observed in otbor contested
cases ; but tboy will not bo granted in such a manner as to
canso a risk of preventing a decision prior to tbo expiration
of tho patent. Immediately upon tbo closing of tbo testi¬
mony tlio application will bo referred to tbo oxnmiuer iu „J',1'r“c0 10
charge of tbo olnss to which tbo invention belongs for tbo
report required tiy law ; and said report shall bo made not
less than five dnys beforo tbo day of bearing. As this re¬
port is intended for tlio information of tbo Commissioner,
neither tbo parties nor their attorneys will bo permitted to
inako oral arguments boforo tbo oxaminer. In contested
cases briefs aro deemed desirable, and tboso should always
bo filed at least fivo dnys boforo tbo day of bearing.
79. A patent for a design may bo grnutcil to any poison, i
whether citizen or alien, who, by bis own industry, genius,""
efforts, and oxponse, bns invented or produced any now and
original design for n manufacture, bust, stntuo, alto-relievo,
or bas-relief; any now nnd original design for tbo printing
of woolen, silk, cotton, or other fabrics; any now nnd orig¬
inal impression, ornament, pattern, print, or picture, to be
printed, painted, oast, or otherwise placed on or worked
into nay articles of nmiiufaeturo; or any now, useful, and
original slmpo or configuration of nny nrticlo of manufac¬
ture, tlio samo not having been known or used by otliors
boforo his inrontion or production tiicrcof, or patented or
described in any printed publication, upon pnyinout of tlio
duty required bylaw, and othordno proceedings had tlio
same as in cases of inventions or discoveries.
1 SO. X’atents for designs nro granted for tlio torm of tlireo
and one-half years, or for seven years, or for fourtcon yonrs,
as the applicant may, in his application, elect,
i 81. Tho proceedings in applications for pntouts for de¬
signs nro substantially tlio samo as for other patents. The
specification must distinctly point out tlio characteristic
features of tlio design, and carefully distinguish botween
wlmt is old and what, is held to bo now. Tlio claims also
should bo as distinct and specific as in tlio caso of patents
for inventions or discoveries.
1 82. When tlio design can bo sutllciently represented by
drawings or photographs a model will not bo required.
. S3. Whenever a photograph or an engraving is employed
to illustrnto the design, it must bo mouutcd upon a thick
Uristol-board or drawing-paper, ten by llftccn inches .in
size;' and tlio applicant will bo roqutred to furnish toil oxtrn
copies of such photograph or engraving, (not nionntod,) of
a sizo not exceeding seven and a half inches by cloven.
Negatives will no longer bo required.
■Whenever tho desigii is represented by a drawing, each
of tlio ton copies mast bo made to conform as nearly as
possiblo to tlio rules laid down for drawings of mechanical
inventions.
TRADE-MARKS.
, SI. Any person or (Inn domiciled in the United States,
"and any corporation created by tho authority or tlio United
States, or of any State or Territory thereof, and any per¬
son, drill, or corporation resident of or located in any foreign
country which, by treaty or convention, nllbrds similar
privileges to citizens of tho United States, null who nro en¬
titled to tho oxclusivo uso of nny lnnTal trade-mark, or who
intcud. to adopt and uso nny trade-mark for oxclusivo uso
within tlio United States, may obtain protection for such
lawful trade-mark by complying with the following require-
' meats, to wit : •
First. By causing to bo recorded in tho Patent Olllco tho rrcoomtog
names of tho parties, and their residences anil place of busi-
ness, who desire tho protection of tho trade-mark.
Second. Tho class of merchandise and the particular de¬
scription of goods comprised in such class, by which tho
trailo-mark lias been or is intended to bo appropriated.
Third. A description of tlio trade-mark itself, with fac¬
similes thereof, and tlio moilo in which it has heon or is
intended to bo applied and used.
Fourth. Tho length of time, if nny, daring which tho
trado-mark lias been used.
Fifth. Tlio payment of a feu of twonty-ilvo dollars, in tlio
samo manner and for tlio samo purpose ns tlio feo required
for patents. A r
Sixth. Tlie compliance with such regulations ns may bo . ■j.j"
prescribed by tho Commissioner of Patents. H
Sccenth. Tlio tiling of a doclarntion, under tlio oath of H:
tlio persou, or of somo uiotnbcr of tho Arm or ofllcor of the H
corporation, to tho effect thnt tho jmrty clniiningprotcctioii Bl
for tho trade-mark hns a right to the uso of tlio samo, and - H|
thnt no other person, Arm, or corporation hns n right to such H
use, citlior in tho idcuticnl form or having such near resem- H
bianco thereto ns might ho calculated to dcccivo, and thnt H
tho description and fac-siiniles prc3ontcd for record nro true II
copies of tho tnulo-mnrk sought to bo protected. Tlio ontli ■» "s
must also stato tho domicile and citizenship of tlio person
desiring registration.
Thepotitionnsking for registration should bonecompnnicd
with a distinct statement or specification, setting forth tho
length of time the trade-mark has been used, tho moilo in
which it is intended to apply it, and the particular descrip¬
tion of goods comprised in tlio class by which it has been
appropriated, and giving a fall description of the design
proposed, particularly distinguishing between tlio essential
and tho non-essential features thereof.
S3. Tlio protection for such trade-mark will remain in
forco for thirty years, and may, upon tho payment of a sce-
- ond fee, bo renowetl for thirty years longer, except in cases
where such trade-mark is claimed for, and applied to, nrti-
•• cles not manufactured in this country, and ill which it
• receives protection under tho laws of nny foreign country
for a shorter period, in which caso it shall ccaso to Imyo
, forco in this country, by virtno of tho registration, at the
sauio time thnt it becomes of no effect elsewhere.
80. No proposed trade-mark will be reccivod or recorded
which is not nncl cannot become a lawful trade-mark, or
which is meroly tho ua.no of a porson, firm, or corporation
only, unaccompanied by a mark sufllciont to distinguish it
from tho sn.no nnmo when used by otl.cr porsous, or winch
is identical with a trade-mark appropriate to tho sa.no class
of merchandise .and bolonging to a different owner, and
already registered or rocoivcd for registration, or which so
nearly resomblos such last-montioned trndo-mnrk ns to be
likely to dcceivo tho -public ; but any lawful trndo-mnrk
rightfully used lit the ti.no of the passage of tho act relating
to trade-marks (July 8, 1870) may bo registered.
.» AH applications for registration nro referred in tho first
• ■ -- - ♦-'ide-mnrk examiner. From ndverso decision
Cnitcd States for moro turn two years pr.oi ro urn up
. but when a patent is taken out iu this country
invention previously patented abroad, tho American i
will expire at the same timo with tho foreign patent
there bo moro than one, nt tho same timo with the ou
log tho shortest term; but in no enso shall it bo m
more than seventeen years.
. go When application is mmlo for n patent for an
tion which has been already patented abroad, the iu
will bo required to inako oath that, according to tho
his knowledge mul bolief, tho same lias not heen iu
aso in tho United States for more than two years p
tho application in this country.
01. An applicant whoso invention has been p.
abroad should state tho fact that a foreign patent l.r
ally been obtained, giving its date, and if there h
- than ono, tbo date of each.
ay instrument ot writing, nuu sucu n-rugni
:dcd in tho Patent Oflleo within sixty day
ution, in default of which it shall bo void
subsequent purchaser or mortgagee for a v»
ration, without notice. The lees will bo tl
irescribed for recording assignments of pate
FOREIGN PATENTS.
I. Tho taking out of a patent iu a foreign e
prejudice a patent previously obtained her.
i-oven t obtaining a patent hero subsequently
imo within ouo year thercalter, :
patout with which such cavcal
orferc, such application will 1
hereof will bo scut to tho perse
io shall mo a complcto applical
time, will bo entitled to an into
application, for tho purpose of pr
and obtaining tho patent, if ho b.
or. Tho caveator, if ho would a
must fllo his application within
on which tho uotico to him is dc
Washington, adding tho regiila
orthosamo to him; and tho d
expires will bo uiontioncd in the
93. Tho caveator will not bo .
plication ponding nt tho tiuiool
application filed after the exp.
dnto of filing tho caveat ; but
i and so on from year to year as long as ho may desire If a
/ “led "it TV‘ tl,0,C"d 0f tbo yenr for Which it
f . nrchives df tho Ofllco 801' ^ rC8"rded "S ,n ,ho “«*
°f " oml: l*0, ,C1,VCnt Cnu bo /1Ic'1 secret archives of the
OOlco unless accompanied l,y an oalh of the caveator that
ho is a citizen of the United States or ir lm i, „„
Statra,Oni,niSir0Sit,CdifOr onoycarln8t Pnstwithin tho United
Stntes, and lias inndo oath of Ills intention to bccomo a citi-
f lint l.nTu ,10r 11".,eS3 1,10 ■''IMdicant also states, under oath
tho nrt° inacldnn S°'f 11,0 0risi,,nI aa" «** inventor of
art, niaohmo, or improvomont sot forth in ids caveat.
loTcutJoa ivquirf • A cai' 'eat need not contain 11s nnrfimiiun .1 •
SSr-SS:
vtzss*
"»«■*
^amiof the
assignments.
tom to an nssi^fecrln^nsjiV,1,^^0'1 ‘bat Patent shall „
.101. When tho patent is to issnn 1,. .1
ps&ss corrc8I,OMdc,,co ■«
vcy an exclusive right co„.*““'^"-
spedded portion of tho United
ssssssszrrr*zsstt
patoluol,n,!lCd'rmr ™ry soimr,,^° dghts under his
» vc y rhoria. o' T biH iuVOMion> ” »« »nySlf L” ~
ri L sllol> r,8llt3 which are not exclusive
^. convoy.,,, cos are mere licenses, and need not bo re
10a. Tlie receipt or assignnionts is not generally nckuou l „ , ,
S ^ t,“! °mCU; tllcy "•il1 <» recorded in thet turn f«” f
’"’tlsIpSSsH
for record. 0 , 0^ l>r°per subject-matters
OFFICE FEES, AND HOW PAYABLE.
10#. Nearly all tho fees' payablo to tho Patent Ofllco aro 1
0Do „ iLre(|,,'rCd,.bi' l“"'tO b0 ',ail1 *» advance; that is, “l
P?n making application for any action by tho Offlco for
Wiich a fee is payable. For tho sake of uniformity and con-
Yeuionce, tho remaining fees will bo required to bo paid in
wesnmo manner.
(inmi Tho fol,owiMe is “10 tariff of fees established by law : t
§i, "g ovory application for a design patent for
/nreo years mid six months . $10 00
On filing every application for a design patout for
sovou years . . . .
On tiling over}' application for a design patent for
fourteen years .
On tiling every caveat . . .
On tiling every application for a patent for nil inven¬
tion or discovery .
On issuing each original patent for an invention or
discovery . . .
On tiling a disclaimer . .
uiuc. wiso an extra charge will bo made for llio time con-
sinned in making any sonrcli that may bccomo necessary.
108. Tlio ilnnl fco upon a patent must bo paid within six
months after tlio time at which tlio application was allowed
and notico thereof mailed to tlio applicant, or his agent!
anil if tlio final foe for such patent, or a ccrtillcato of de¬
posit for tlio amount, bo not received at the Oillco within
that time, tlio patent will bo forfeited, and tlio invention
tkorcin described will bccomo pnblio property, ns ngniust
the applicant therefor, unless he shall make a now applica¬
tion within two years from the date of notice of tlio original
allowance.
109. The money for tho payment of fees may bo paid to
the Commissioner, or to tho Treasurer or any of tho Assist¬
ant Treasurers of tho United States, or to any of tho
designated depositaries, nntiounl banks, or receivers ol
public money,. designated by tlio Secretary of tho Treasury
for that purpose, who shall givo tho depositor a receipt or
certificate of deposit therefor, which sli ill lie transmitted
to tlio Pntont OlUce. When this cannot bo dono without
much inconvenience, tho money may be remitted by mail,
and in ovory such enso tho letter should stato tho oxact
nmonut inclosed. Letters containing money may bo regis¬
tered. Post-Ofiico money-orders now afford a safe and con¬
venient modo of transmitting fees. All such ordors should
bo mndo payable to tho “ Commissioner of Patents.”
The weekly issue will closo on Saturday at 12 o'clock.
When patents nro to issuo to nssigi _e l gnment
KEPAYMENT OP MOIilSi.
111. Monoy paid by actual mistake will
a mere chango of purpose after tho pnymi
not ontitlo a party to domand such return
112. After the first day of July, 1873, t
matter sent to tho Potent Ofllco by mail in
given | fug, othonviso it will not bo received.
TAKING AND TRANSMITTING TESTIMONY.
113. In extension, interference, ami other contested cases,
the following rules have been established for taking and
transmitting ovidoilco :
First. Bel'oro tho deposition' of iv witness or witnesses
is taken by cither party, dnb notice shall bo given to tho
opposito party, as hereinafter provided, of tho Unto and
plnco when and wlioro such deposition or depositions will
ho taken, with tho names and residences of tho witness or
witnesses then and tliero to bo examined, so that tho oppo¬
site party, cither in person or by attorney, shall havo full
jpportunity to cross-examine tho witness or witnesses :
Provided, That if tho opposito party, or his counsel, be
‘dually present at tho taking of testimony, witnesses not
lamed in tho notico may bo examined, bnt not otherwise;
md that neither party shall tnko testimony in more than
>110 place at the samo time, nor so nearly at tlio samo time
is not to allow reasonable time to travel from ouo plnco of
ixainination to tho other.
Second. Tho notico for taking testimony must bo served
>y delivering a copy to tho adverse party, or bis agent or
ittorney of record or counsel, ns provided in Kulo 77, or by
caving a copy at tho party’s usual placo of residenco with
oino member of tho family who has arrived at tho years of
liscrction, or by leaving tho samo at tho oillco of tho uttor-
oy; and such notico shall, with proof of service of the same,
ml a certificate, duly sicorn to, giving the manner and time of
talcing the service, bo attached to tho deposition or doposi-
ions, whether tho party cross-examine or not.
Third. Tho magistrate before whom tho deposition is
ikon must append thereto his ccrtillcatc, stating tho time
nd plnco at which it was taken, tho nnmo of tho witness,
jo administration of tho oath, at whoso request tho testi-
lony was taken, the occasion upon which it is intended to
o used, the names of tho adverse party, (if any,) and
hethcr they wore present; and immediately upon the close
' the examination ho shall securely sent up nil thoovidenco,
c., and forward tho smite forthwith to tho Commissioner of '
itcuts, making upon tl
lo of tho case and tho
ckngc.
Fourth. In cases of extensiou
ido, cxmirte testimonv will l«,
been taken by tho
11 bo received, un-
;
witnesses withm tho stipulated time, it shall bo Z w,
said party to give notico of tho same to he Co miS
cause of such inability, and of tho names of such icit/es,
fCPCelC,% 10 h° pr0ml % them, and of
lTr ,“Ch lCmi tttlm ‘"VWomM testimony, ail
r TZ T Cff°rlS have hcm ^ Procure ,
winch notico to tho Commissioner shall bo received by h
previous to the day of honriug aforesaid. Copies of t
papers, and notico of any motion based upon them ini
Bute 50 8enC<l "P°n tllC °1,posito P“rty> 113 Provided
Sixth. Whenever a party relies upon a caveat toesta
iisli tho dato of his invention, tho caveat itself oraccr
iled copy thereof, must bo filed in evidence, with’ duo uoti
nm ° °P11°Slt° pnrty' as no uotice ran bo taken by tl
Oillco of a caveat filed in its secret archives.
Tlio official records of tho Ofilco, and books and doc
meats contained in tho library, and other books in goner
circulation, mny bo used at tho hearing ; but notico of ai
special matter contained therein, upon which a party relic
• should bo given to tlio opposito party previous to tho dr
set for closing testimony.
111. Tho folios of each deposition must bo numbered coi
socutively, and tho nnmo of tho witness bo plainly and coi
spicnonsly written at tho top of each folio. It is deemc
desirable that tho testimony bo taken upon legal-cap pope:
with a wido margin on tho left-hand sido of tho page, an
that only one sido of tho sheet bo written upon.
. W®. TI»o testimony mny bo taken in narmtivo form; bul
if either party desires it, it must bo taken in answer to in
taken anil filed in compliance with llicso rules; but no
notico will be taltoii of any merely formal or technical
objection which shall not appear to havo wrought a sub¬
stantial injury to the party raising it; anil in such case it
should bo made to appear Hint, ns soon ns tho party became
aware of the objection, ho immediately gave notico thereof
. to tlio Office, and also to tho opposite party, informing him
at tho same time that, unless corrected, ho shall urge Ids
objection at tho hearing; hut this rulo is not to bo con¬
strued so ns to- modify well-established rules of evidence,
which will bo applied strictly in all practice beforo the
Olllee.
r 117. Tho law requires the clerks or tho various courts of
the United States to issue subpomas, to sccuro tho attend¬
ance of witnesses v '
in evidence in any c
• 1 18. In contested cases, whether of interference or of ex¬
tension, parties may have access to tho testimony on filo
prior to tho hearing, in preseneo of tkooffleer in charge;
and copies may bo obtained by them at tho usual rates,
a As a general rule printed copies or tho testimony will bo
required, but this requirement may bo dispensed with on
special application to tho Commissioner, and showing satis¬
factory reasons therefor.
Tlireo printed copies should bo furnished, two for tho use
of tho Olllee anil pno for the use or the opposing party,
llieso copies must bo filed not less than ono week provions
to tho day of hearing.
It is also desirable that all arguments should be submitted
in printed form, and all arguments filed at least two days
provions to the dny of hearing.
RULES OF CORRESPONDENCE.
110. All correspondence must bo in tho nnino of tho
“ Commissioner of Patents,” and all letters and other com¬
munications intended for tho Onico must bo nddresscil to
mn; ami alter July 1, 1873, postage must bo prepaid in
all. I f addressed to any or tho other officers of tho Bureau
they will not bo noticed, unless it bo scon that tho mistnko
was owing to inadvertence. A separate letter should in every
cim bo written in relation to each distinct subject of inquiry or
mlication, tho' subject or tho invention and tho dnto of
Wing being always cnrofully noted.
120. When an agent lias filed his powor of nttomc\ ilul c n-
executed, the correspondence will, in ordinary cases, bo held SSttSillrSfui
with him only; and a double correspondence with an as-1'8”0’™1-
signee and the inventor, or with an attorney anil his prin¬
cipal, if goderally allowed, would largely increase tho labor
of the Olllee. The assignee of an cutiro interest in an in¬
vention is entitled to hold correspondence with tbcOfllco
to the exclusion of tho inventor.
121. If the principal becomes dissatisfied he must revoke ifprincipauu.
his power of nttornoy and notify the Olllee, which will then“iMpoVcr.,t"'
communicate witli him.
122. After a second rejection nono of tho papers can bo in«pcction ^
inspected, save in tho preseneo of n sworn oQlccr; nor will EnSeJ “cuon.”'
any of the papers bo returned to tho applicant or agent.
123. Whenever it shall bo found that two or more parties
whoso interests aro in conflict nro represented by tlio same
attorney, tho examiner in charge will notify each of said c
principal parties, mid also tlio attorney, of this fact.
12-1. Asidofrom tlio caveats, which aro required by law k ArjHc
to bo kept secret, all pending applications are, as far as
practicable, preserved in like secrecy. No information w ill
therefore bo given tlioso inquiring whether any particular
enso is before tho Office, or whether any particular person
has applied for a patent.
125. But information is given in relation to any enso after ^sgt »i
a patent has issued, or after a patent has been refused, and ”r“ " 1
tho further prosecution of tho application is nbaudouod or
barred by lapse of time.
120. Tho models, in such -cases, are so placed as to bo snb- (ijA™ u
jeet to gouoral inspection. The specifications and drawings
in any particular enso enn bo seen by any one having par-
' ticu’lnr occasion to examine them, and copies thereof, as well
as of patents granted, will bo furnished at tho cost of mak¬
ing them. Copies will bo made on parchment, nt tho request
of tho applicant, on liis paying tho additional cost.
127. Even after a case is rejected, tiio application is re-
gardod ns pending, unless tlio applicant allows tho matter tma«!
to rest for two years without taking any further steps there*
in, in which caso it will bo regarded ns abandoned, and will
no longer bo protected by any rulo of secrecy. Tho spcci
cations, drawings, and modol will then bo subject to inspec¬
tion in tho same manner as those of patented or withdrawn
; Applications.
tmfxfnr.ii* 12S- Informatiou iu relation to pending eases is given so
wb'tn given. far as it becomes necessary in conducting the business of tlio
OHico, but no further. Tims, when an interference is do-
. dared between two pending applications, each of the con¬
testants is entitled to n knowledge of so much of bis oppo-
, neat’s ease ns to enable him to conduct ids own uiidcrstnud-
ingly.
aimtailSi™"."™ 12a' 11,0 onlco cnuuot respond to inquiries ns to the nov-
i“™“flti«cnrt>i» eI,y of 1111 all°80<1 invention in advance of an application for
general. a patent, nor to inquiries founded upon brief and imperfect
descriptions, propounded with a view of ascertaining whothcr
such alleged improvements linvo been patented, nml if so,
to whom ; nor can it act ns an expounder of the patent law,
nor ns counselor for individuals, except as to questions aris¬
ing within tbo Omcc. A copy of the rales, with this sec¬
tion marked, sent to the individual making an inqniry of tlio
character referred to, is intended ns a respectful answer by
tlio Office.
Tvia. a"oV”w 130> AU business with the Office should bo transacted in
i»in “mins, writing. Unless by tbo consent of nil parties, the action of
.the Offico will bo based exclusively on the writton record.
No attention will bo paid to any alleged verbal promise or
understanding, in relation to which llicro is any disagree¬
ment or doubt.
ATTORNEYS.
Aitorcpya. 131. Any person of-intelligcnco and good moral character
may appear ns tlio ngont or the attorney in fact or an appli¬
cant, upon "filing a proper power of attorney. As the value '
of patents depends largely upon tlio careful preparation of
' ^*o specification and claims, the assistance of competent
counsel will, iu most cases, bo of advantage to the applicant,
tort tIia value of their services will bo proportioned to their
/skill and honesty. So many persons have entered this pro¬
fession of late years without experience that too much caro
cannot bo exercised iu tbo selection of a competent man.
The Office cannot nsstnno responsibility for tlio nets of attor¬
neys, nor can it assist applicants in making a selection. It
will, however, bo a safe rule to distrust those who boast of
the possession of special and peculiar facilities in the Offico
for procuring patents iu a shorter time or with more ex¬
tended claims than others.
toraoy'Vir ..m Po"'ora of ““oruey to authorise the attorney to sub-
«*• statute for, or associate with, himself a second agent, must
contain a clause of substitution ; but such powers will not
authorise tlio second agent to appoint n third.
r“ i,ltcrvi“'vs with oxniii i ers wi l be ais'
'STM iu
with tbo ®3i™'''S‘t'kldecomn^
;=KfS2SSKS5:rrH
case; and for lesser offenses attorneys may bo reffised tlm
privilego of ornl interviews, and bo required to transaotall
business with tlio Offico in writing. 1 1
; ^5' As ,nc™tors of Congress cannot examine cases, or T. ,,
not m them without regular powers of attorney, and as cases ’i
™““0t b° t”kc" ,,p °frt of their regular order upon their E5c““"*™”™s;
reqet ul tie loi j t tt g papers to and
from the Capitol involves a loss of time which would bo
avoided by communicating directly with tlio Officii, appli-
cants are recommended not to add to the sufficiently ardu-
oils duties of their Representatives by ordering-copies or '
*hciiiU>tl"e f° tlllllS1,0t bnsillcss with the Office through
LIBRARY.
136. No persons are allowed to tnko books from the library iibrarjrtsnia.
except thoso employed in tlio Office. ‘ °M'
AU books taken from tlio library must bo entered in n
register kept for the especial purpose, and returned on tbo
call of tlio librarian.
Any book lost or defaced must be replaced by another.
" -Patentees and others doing business with the Offico can
oxnmiuo tlio books only in tho library-hall or tlio attorney’s
room in tho Ofilce.
^ All translations will be made at tho usual rates by tho
No person will bo allowed to mnko copies or tracings from
works in tho library. Such copies will bo furnished at tho
U6iinl rates.
Approved.
0. Delano,
Secretari/ of the Interior.
APPENDIX OP POPJIS.
To the Commissioner of Patents :
Your petitioner, a resident of - , - , prays that letters patent
bo grautcil to him for tlio invention sot forth in tho nnncxod specification.
To tho Commissioner of Patents ;
Yonr petitioners, residing respectively in. - , — - , and - ,
- , pray that letters patent mny bo granted to them, as joint invent¬
ors, for tlio invention sot forth in tho annexed specification.
To the Commissioner of Patents :
Your petitioner, arcsidontof- - , prays that letters patent may
bo granted to himself and 0. D., of - , as his assignee, for tho inven¬
tion sot forth in tlio annexed specification, the assignment to tho said 0.
D. having been duly recorded in tho Patent Office, in liber — , pag^
4. By an administrator.
To the Commissioner of Patents:
Yonr petitioner, A. B, of - , - - , administrator of the estate
of 0. D., deceased, (ns by reference to tho duly-certified copy of lottos
of administration, hereto annexed, will more fully appear,) prays that
letters patent may bo granted to him for the invention of the said 0.
D.. sot forth in tho annexed specification.
* A. B., Administrator, ivc.
To tho Commissioner of Patents :
executor of tho last will and
of letters testamentary, hereto annexed, will more fully appear.) nmra
Hint letters patent may ho granted to him for tlio invention of the said
0. D., sot forth in the annexed specification. u
A. B., Executor, ,0c.
0. Poll A REISSUE, (nv THE INVENTOR.)
To the Commissioner of Patents :
Your petitioner, of - , - .prays that he may ho allowed to
to iZ M ra S P“,t0,"i t0r "" ^"Pfoveincnt in coal-scuttles, granted
to him May 10, ISO/, whereof he is now sole owner, for, “ whereof C D
Tho undersigned- .-isssignc/
tho above-mentioned letters
application.
o of tho entire for an undivided] interest in
pntent, hereby assents to the accompanying
7- Fob a reissue, (by assignee.)
(To bo used only when tho inventor is dead, or the original patent was
issued and assigned prior to July S, 1870.)
To the Commissioner of Patents :
Your petitioners, of the citv of _ „
way bo allowed to surrender the letters patent foTT' U“tth?'
coal-scuttles, granted May 10, 1SC7 t„ K F now £ " “
patent may'bSss'jfed1 to them for tl U'° °n“r° i,,tC,'CSt’ n’,,d
amended spooiZl,, a ' „ for tI,08a'"«i'‘vention, upon the annexed
title, iS “ .
3. Fob an extension, (by a patentee.)
To the Commissioner of Patents :
PnteZ No! 12811^ f« Zimnrovem Ti — l - ’ 1)rnl's tl,nt lcttcrs
August 17, 1853, may ho oxtondod°for " Svt*nni'C,,ei''CSl grn,,to<1 10 llim
expiration of tho original term ' f * ycnrs from n,,d nftcr tbo
O.FOR AN EXTENSION, (BY AN ADMINISTRATOR. ^
To tho Commissioner of Patents •
Your peHtionor A. B of - , - , administrator of tho e
| °f O. deceased, (os by roferenco to tho duly cortifled copy of 1,
ot administration, hereto (annexed, will more fully appear,) res
ftt . ' > PWJ* that Lottors Patont No. 12842, for an iinr
mont in stoves, granted to said 0. D., August 24, 1853, may bo oxti
for seven years lVom and otter tho expiration of tho original term.
A. B., Aclministra
0. Fob letters patent bob a design.
To the Commissioner of Patents :
Your petitioner, residing in - , - , prays that lottors p
mny bo granted to liim for the term of three and ono half yea:
“ SOV(m years,” or “ fourteen years”] for tho new and original desi;
forth in the annexed specification.
To tho Commissioner of Patents :
. Your petitioners respectfully represent that tho Arm of A. B., 0.
Co., is engaged in tho manufacture of woven fabrics at _ , —
and at — - , - , anil that tho said Arm is ontitlcd to tlio oxol
uso upon the class of goods which they manufacture of tho trade-
described in the nnnoxed statement or spcciAcntion, [anil accompni
facsimile.]
They therefore pray that they may ho permitted to obtain protc
for such luwful trade-mark under tho law in such cases mado and
vided.
To the Commissioner of Patents :
Yoiir petitioner represents that on Mny 8, 1808, ho died an ap
tion for letters patent for nil improvement in churns, which npplic
was allowed July 7, ISOS, but that ho failed to mako payment c
Anal fco within tho time allowed by law. [Or, “ which npplieatio
been rejected but has not been abandoned."] Ho now makes ran
application for letters pntent for said invention, anil prays tha
original spcciAcntion, oath, drawings, and model may bo used ns n
■ of this application.
IS. Petition
1’OWER OF ATTORNEY.
To tlic Commissioner of Patents:
Your petitioner, n resilient of the city of - , Stato of —
that letters patent may bo granted to him for the invention si
tbo annexed specification ; and lie hereby appoints 0. D., o
of — — State of - , his attorney, with fall power of sn
and revocation, to prosccuto tins application, to mnko niton
amendments therein, to receive the patent, and to transact al
in tbo Patent Office connected therewith.
11. Power of attorney.
If tbo power of attorney be given at any time other than tl|i
ing application for patent, it will be in substantially tbo follov
To the Commissioner of Patents :
Tbo undersigned having, on or about tbo 20th day of July, 1
application for letters patent for nu improvement in a horse-pow
appoints 0. D., of tbo city of - , State of - , his attoi
full power of substitution and revocation, to prosccuto said a[
to make alterations anil amendments therein, to receive tiio pi
to transact nil business in tbo Patent Office connected tlierow
Signed at - , and Stato of - , this - day of —
15. Revocation of power of attorney.
The undersigned having, ou or about the 20th day of Decora
appointed 0. D., of the city of - anil Stato of _ , his
to prosecute an application for letters patent, made on or aboi
day of Jane, 1SGS, for an improvement in the running-gear ol
hereby revokes the power of attorney then given.
Signed at - , - , this 21st day of July, 1809.
SPECIFICATION.
10. For a stAcniNE.
To all whom it may concern :
Be it known that I, flioro insert tbo name of tbo inventor 1 o
in the county of — — , and Stato of - - , have invented a
useful improvement in saw-toothing machines, which iinprov
ully sot forth in the following specification, reference being li
accompanying drawings :
The object of my invention is to rapidly form, on tiio blade o
saw, teeth gradually decreasing in sizo from tiio broad to tin
th,° tUo 00“WMtion, in a saw-t tl g inoeli
b“r a ’ 1,1 !‘"d 11 oImi,1> 01 its oauivalont, with rollers,
t 810 forcnrrJ'i'ig tbo blade A, as shown in
speotivo view, Pig. 1, 0f tbo nccoinnnnvlii<r draw L
43
«! m
The machine is llustratcd more in detail in tlio plane view, Kg. 3, and
in tho vertical section, J?ig. 2, hi which it lias not boon doomed necessary
to show tho driving mechanism. Tho blade is held by and between tho
two upper rollers, a (tho lnttor being a fecd-rollor,) and two lower
rollers, b b\ and is made to travorso in tho direction of tho arrow, at a
gradually decreasing speed, by causing a barrel, D, to unwind a chain
or its equivalent from a tapering barrel, E, on tho shaft B. The sovernl
shafts lmvo their bearings in a simple frame, IT, tho front portion 7t of
tho latter forming a table, which, in conjunction with tho lower rollors,
supports tho blade, as tho lnttor is cniised to travorso with its odges in
contact with the adjustable guides y y, on tho frame. In this table is a
fixed die or anvil,/, on which tho blndo bears, and in which is a triaugular
notch, corresponding iu shnpo to a punch, c, on a rapidly revolving
disk. Or.
As tho blndo moves at a gradually decreasing speed in tho direction of
tho arrow, tho punch will striko triangular pieces from its edge, and tho
result will bo tho formation of tho desired graduated teeth.
It will bo evident that tho driving-barrel, D, may bo tapering, and tho
barrel, E, cylindrical, or that both barrels may bo tapering, nud arranged
to reed gradually raster instead of gradually slower, with tho same result,
and that tho blade may bo clamped to a guided sliding bed, controlled
by a tapering barrel and cord or chain.
I claim ns my invention—
tflio combination in n saw-toothing machine, substantially as described,
of a tapering barrel and chain, with a roller for feeding the blade.
Witnesses : O. D.
E. V.
[Note.— Tho accompanying illustration is furnished to show what the
character and general arrangement of a Patent Oillco drawing should
be, and it is given with express reference to what lias been said rela¬
tive to tho drawing for tho Official Gazette. But it must bo remembered
. that, in coiiscqucnco of tho reduction necessary to mnko it fit tho page,
tho character of tho work itself is not that which an original drawing
on a sheet 10 by 15 inches should possess. All the shaded parts in such
a drawing should bo much more open, tho spaces between tho lines
being fully twice ns largo, so that when the same is reduced and photo-
lithographed tho result may bo clear nud satisfactory.]
17. Eon a nsocEss.
To all whom it may concern :
Bo it known that I, [hero insert tho unino of tho inventor,] of - ,
in tho county of - , and State of - , lmvo invented a now and
useful process for separating smut and other impurities from wheat,
which process is fully set forth in tho following specification:
This invention relates to tbnt class of processes employed for removing
yot warm? oifo nndThnif ^nnUs'to^Tnwire^ 8,nfe<?1 m,<1 'v,,il0
.i:,r;rrnK fJtras
i . •
f swnte, will bo entirely L ived ami tbo lio!lr""m iPr°CCSS’ 'ril‘ f,,Ily
-oto. tbb bL" of ^eS:,r 'Vi" b0 "8 ""i(0 “«• «-
i «B whooping4 U'° I",rpMC °f C‘Can-
wbolo being then passed through L,LZn-bnttPl>0SCd’- aui1 tbo
lime newly slaked and while yet warn, W° iU0P°s° to take
Ij 0 cIaim oar inventiou—
1 rrora . in . «•>, «itota„£nj „ fojSiS. “ ™UW
Witnesses : E. F. O .D*
G.H.
in thYLLrot-^'^^S of ,mm° 1 0,0 ta«“torj of - ,
nsefnl compound, called “ wool oil » , ’ bnvo 1,,V0l'ted n new and
1,1 the following specification - ’ "I,,cl1 “'"Pound is fully described
■This invention relates to ti,„f t
wool in the process of manufiLn^and oonlPO““<ls used tolnbricnte
formed by mixing any one or moro of Z J , C°,,S18ts Ul n '“■“Position
factoring wool, suck as olive hml i 8 0r<h,mrily used in maun-
an “il-soap. e’ lnul> °1' "Pwaed oil, with a solntion of
To prepare tho wool-oil taknn.«„„ „
vided tho quality ho good, and dissolvi thL 0i,:80ap °f nnrki«<l. pro-
thirty pounds ofoil-sonp to thirtv Jn° tU ? mo ln hot water, say about
>ty of soap to saturate tho Lte . t°‘ ^
aforesaid, to wit, the soap solution' STL"* lttb° WwMm. '
::
neutralizes the stearino in tho oil • £„« S,’ becm'60 tho oil of soap
A,Kl for t,,osamo ;
A compound consisting of nu oil or „ii„ „ ^
cation of wool, in combination with » ! ?, “arily USC|1 ■“ tho lubri-
| • tially as and for the purpose «h “ "“-"“ft s,,bs“>“-
19. Foil A DESIOX.
r 2b fill ic/iom it may concern :
Bo it known that I, [hero insert the „«•
arranged m groups of three, so ns to form triangles. P
the tU° 111,0 "I,ite 1,11(1 tbe sill° slriPes «*. while
lif b,ars ar° ° g0lrt aml ercen i but 1 110 “Ot consider tho
| colors selected to be an essential element iu my design.
1 nw mvnro .tlmt carpet-borders composed or a wide central stripe and
,,,:no"’ “d0 striPcs “ 10 “ot now, and I do not claim them. Tho
distinctive character of my design is found in the figures, which are
[ ... "fought into a border thus composed of stripes.
; , What 1 claim as my invention is—
. ■ A l'csign for a carpet iu which tho border is composed of stripes
i ornamented substantially in tho mnnncr nbovo described.
20. Fon A TItADE-JIAItK.
To all ichom it may concern :
Bo it known that X, [hero insert tho name of tho applicant,] of _ ,
in too Bounty of - aml State of - , linvo adopted for - use
. < atrado inurk for cotton sheetings, of which tho following specification is
a full, dear, and exact description :
Our trade-mark consists of tho words and letters « S. N. & Co.’s Buck-
oyo Sheetings.” Tlicso lmvo generally been arranged ns shown iu tho
; , accompanying drawing; nbovo and below tho figure of a man repro¬
secuted ns ascending tho sidoof a mountain and carrying a banner, upon
which is inscribed tho word “ Buckeye;” and tho whole has been inclosed
within nn ornamental bonier, substantially like that shown in the draw
iug. But tlio figure of tlio man with the bannermay bo omitted, orso.no
otlier dovico substituted for it, and tho border may bo changed at pleas-
uro, or omitted altogether, without materially changing the character
to„0'.,nnrk> 11,0 two essential features of which nro the letters .
S. N. & Co.’s” niul tho word “Buckeye.”
This trade-mark wo lmvo used in our business for ten years last past.
Iko particular goods upon which wo have used it nro mndo of cotton
and known ns “ sheetings;” and wo have been accustomed to print it in
bluo ink upon tho outside of eacli pieco of the manufactured goods. Wo
havo also printed it upon labels, which lmvo afterward bcon pasted
upon tho separate pieces of sheetings, and also placed upon tho outside :
ot tho cases in which tho goods have been packed.
S.X.&CO.,
Witnesses : A. B., By S’
C. D. '
21. Amendment.
„ WASHINGTON', I>. O., Jlltll 20 -lSOD
To the Commissioner of Patents: •
In tho matter of my application for letters patent for an not
3. The combination of tho self-acting brake C, pin A and slotted
flanges D, substantially as described, and for tho pmposes’set forth
A. B.(
By 0. D.,
His A ttorncy in Pact.
OATHS.
22. By a sole inventor.
’ __ (To follow specincation.)
a ti n — r-’ Co"nUj of — — > tsi:
” “fl‘ “* “
...» 1. ,«1 ..WHIM m, ,„r orJ]1Mll £*■
tuted “and that ho is a citizen of tho Bopublio of Mexico,” or “and
that ho is a subject of tho King of Italy,” or “ of the Queen of Great
Britain,” or as tlio case may bo.
It the applicants claim to bo joint inventors, tho oath will read « tlmt
1 lrs ” IT UC ICV° ,hCmSClvCS t0 b0 th0 oriSi'inl. first, and joint invont-
If the inventor bo dead, tho oath will bo taken by tho administrator
or executor, and will declare his helief tlmt tho party named as inventor
was tho original and first inventor.]
23. By an applicant for a reissue, (inventor.)
State of - , City anil County of - , ss:
A. B., tho above-named petitioner, being duly sworn, (or affirmed,)
deposes and snys that ho verily behoves tlmt, by reason of an insufficient
or defective specification, his aforesaid letters patent nro iuoperntivo or
invalid ; that tlio said error has arisen from inadvertence, accident, or
’ mistake, and without any fraudulent or dcceptivo intention, to tho best
of his knowlctlgo and belief; tlmt ho is tlio solo owner of said letters
patent; for, “that E. F. is tlio solo owner of said letters patent, and
that this application is made on tho behalf and with tho cousent of said
E, F.;”] and tlmt. ho verily believes himself to bo tho first and original
inventor of tho improvement set iortli and claimed in this amended
specification.
- A.B.
Sworn to and subscribed beforo mo this 2Cth day of July, 1809.
O.D.,
Notary Public.
[Notarial aval.]
24. By .in applicant for a reissue, (assignee.)
(To bo used only when tho inventor is dead or when’ tho patent was
issued and assigned prior to July 8, 1870.)
State of - , County of - , ss:
A. B. and 0. D., tho abovc-iinmcd petitioners, being duly sworn, (or
affirmed,) deposo and say that tlioy verily beliovo that, by reason of nn
insufficient specification, tho aforesaid letters patent granted to E. F.
aro iuoperntivo; tlmt tho said error 1ms arisen from inadvertence, acci¬
dent, or mistake, and without any fraudulent or dcceptivo intention, to
tlio best of their knowledge and belief ; that tlio outiro title to said let¬
ters patent is vested in them; and tlmt they verily bclievo the said E.
F. to bo tho first and original inventor of tho invention set forth nnd
claimed in tho foregoing amended specification: and that tlio said E. F.
Sworn to nnd subscribed beforo mo this 14th day of November, 1809
A.B.,
Justice of the Peace.
- — ii— iimj
-o. AN APPLICANT FOB EXTENSION, (PATENTEE.)
State of - , County of - , ss:
A. 33., the above-named applicant, being duly sworn, (or affirmed)
deposes and says that tlio foregoing) statement and account by him
signed nro correct and truo iu all respects and (particulars, to tho best
ot his knowledge and belief. , cst
Sworn to and subscribed before me this 1st day of November) A^D.
20. By an applicant fob an extension, (executor.)
State of - , County of-- _ , {s;
ilctnfo'/hCJnt0\°! th° lllSt nnd testnmcnt °r Simon Nowcome,
deceased, being duly sworn, (or afllrmcd,) deposes nnd says that tho
foregoing statement and account by him subscribed nro correct and trao
in ail respects and parties. are, to the best of his informntio.rkno JweS:
A. B.,
o_„„, . ' , Executor, <Cc.
Sworn to and subscribed before mo this 20th day of May, 1S09.
0. D.,
Justice of the Peace.
til. Supplemental oatii to Acemn-m- .
ACCOMPANA A NEW OB AN ENLARGED
CLAIM.
State of - , County of _ ss.
drmsw’arTd
ssgssss
Sworn to nnd subscribed before mo this Uth day of July, 1870^ B’
O.D.,
Justice of the Peace.
. . 28< 0ATlt AS 10 ™5 LOSS OF LETTERS PATENT.
State of - , County of _ , ,* . ,
aSSSr*
^ «»t l» to »0t to,, dJolZui," *“*• “ “»« -l
Subscribed and sworn to beibre me this 5tk day of October, m .
0. D.,
Justice of tho Peace.
29. OATH OF ADMINISTRATOR AS TO THE LOSS OF LETTERS PATENT-;
State of - , County of - , 8S;
A. B., of said county, being duly sworn, doth depose and say that l,o
is administrator of tho estate or 13. X, deceased, late of Boston, in said
county; that the bettors Patent No.- 12219, granted to said IS. X, and
bearing date on tho 9th day of January, A. D. 1S35, have been lost or
destroyed, as ho verily belioves; that ho has made diligent search for
the said letters patont in all places where the same would probably bo
found, it existing, and especially among the papers of tho decedent, and
tiiat he has not been able to liud said letters patent.
A. B.,
Administrator , <£u
Subscribed and sworn to before mo this uth day of October, 1808.
0. 1).,
Justice of the Peace.
State of - , County of - , ss:
A. B., being duly sworn, deposes and says that he is a member of tlio
Gnu of A. B., O. 1). & Co., abovo named ; that ho verily believes that
said firm has tho right to tho uso of the trade-mark described in tlio
foregoing spccillcation, and that no other person, firm, or corporation
lias tho right to such use, either iu tho identical form or having stick
near resemblance thereto ns might bo calculated to deceive; nud that
tho description and fau-simile presented for record nro truo copies of ■
: the trade-mark sought to bo protected, and that lie resides in -
and all tho other members of tho firm reside at - , in the Stnto of
f- - ; and that they aro all domiciled in - , nnd nro citizens of
Sworn to nud subscribed before mo this 15th day of July, 1870.
APPEALS.
31. FROM THE EXAMINER TO THE EXAMDiEBS-lN-OniEP.
To tho Commissioner of Patents!
Sib : I Iioroby appeal to tho examincrs-in-chior from tho decision of
tho principal oxnminer in tho liiattor of my application for lottois patent
for an iinprovomont in wngon-brnltes, which, on tho 20th day of July
18C9, was rejected tho second time. Tho following are assigned for rea
sous of appeal : (Hero follow tho reasons.)
A. B.
31«. From tub examiner or trade-marks to the Commissioner.
To the Commissioner of Patents:
- 1 I‘f'oby "M®1*1 10 y°“ in l>orson from tiio decision of tho exam¬
iner ot trade-marks, dated November 15, 1872, in tho matter of my ap.
plication for the registration of a trade-mark for cigars. Tho following
aie tho reasons assigned : (Hero follow tho rcasous.)
32. From the examiner in charge op interferences to the
EXAMINERS-IN-CHIEF.
To the Commissioner of Patents;
Sir : I hereby appeal to tlio exnmiuors-iii-chief from tho decision of •
the principal examiner in charge, in the matter of the intcrfcrenco be
tween my application for letters patent for improvement in sowing-ma
?? iettn » i» j* prS z:
O. D.
33. From the examiners-in-ohief to the Commissioner.
To the Commissioner of Patents;
O. D.
34. FROM THE OOMMSSIONER TO THE SUPREME COURT OF THE
DisrniGT op Columbia.
useful iinprovomont in velocinod™. n ,
1870, ho applied to tho Patent (Jlllco o t io'n.'o bi°« tto l8t dtly of May,
tho same, [or for tho rcissno of n n«to,1t ^Jf i ?d,Stflte3 for 51 foi
Juno 10, 1802,] and complied with the mf, 0' tll01'0l°1' under date ol
1 of (Jo"G"^, and with tho rules of °f tU° S0V0I”a
eases} tl.at his said application was reject'd ? « clibe(1 iu “oh
■ Intents on appeal to him on or about Tm on ,bj 4 10 Co,n|nissiouor of
in said Olllco duo notico to tho OomtataSmmor? V *""* ho lllls
peal, accompauiod with tho reasons f Pttt<mt8of ‘his hisap.
siouor has furnished him with comi)iotnnil aI’<.n"d tlmt tho Oommis-
andevidoncoin ttaonso^Ul^S ^ morn
of^eal, accompany this
; determined byyom- "W?1 Ulay b° beard and
pointed for that purpose- and that ' y "no 118 bo ap-
bo duly notified of the of Pnt°«ts nmy
thereof to tho parties interested. ^ * hnt nmnnorto Siv® notice
, respectfully showo°th : That ho ba^eSroinvonted^l^
To tho Commissioner of Patents; ?
‘ gives notice that iio'has0 nppoafed^rom vourV^0 °f - ’ heraby
E'“,“ . . . « “"•«> ji,;;:
.arr.src“'”r,,''“a“'1^ . .
A.B.
^ *»**«** COURT IN APPEARS FROM THE COM-
missioned 01' Patents, adopted November so, 1870.
; fSSfZSS? *• “ - -A - —
[ | “To the Supreme Court of the District of Columbia, in bane, _ 187-
ritmDisMMe r‘ - - ' “ oitizcl1 of - » i« the [State} Ter -
I >'• «?’ u l !! ‘ - ’ fcspcctfnHy shows ns follows :
I Kct JJ0?4 f - <lny of - > 18~» I invented [describe the sub-
; pate„t Office]™* 1"'C'U *" "‘C u1ei,l,eal Kor,u °f thc application to the
l'; latr^i 0,1 tlH> ' <bly of - 1 18— i i“ tho manlier prescribed by
‘w, i presented my application to tho Patent Olllco, praying that a pat-
; eat bo issued to mo for said invention.
“o. Such proceedings were lmd in said Office, upon said application,
that on the - day of - , 18 — , it was rejected by the Commis¬
sioner of Patents.
“(J. 1 thereupon appealed to’ tin's court, null gave notice thereof to
the Commissioner and tiled ill his Offico tho following reasons for said
appeal :
“ c. Tho Commissioner of Patents 1ms furnished me a complete copy
of all tho proceedings in his Offico upon my said application, which copy
has been tiled herewith, and is to bo taken us part hereof.
“/. And thereupon X pray that tho court do roviso and rovorso said
decision, to tho end that’ justice may bo done in tho promises.
2. This petition shall bo tiled in tho clerk’s offico of this gourt; and as
soon as tho petitioner 1ms made tho deposit required by law at tho com¬
mencement of suits in this court, or said deposit has been dispensed with,
tho clerk shall enter tho ease in a docket to bo provided by him for tho
purpose, and in which a brief of said tiling and of all subsequent pro¬
ceedings in tho ease shall bo entered ns and when tlioy successively occur,
down to and including tho ilnnl decision.
3. The clerk shall provide a mimite-book of his office, in which he
shall record every order, rule, judgment, or dccreo of tho court in each
case, in tho order of timo in which snid proceedings occur ; nud of this
book there shall bp two alphabetical indexes, one showing the name
of tho party applying for tho patent, nnd tho other designating tho in¬
vention by its subject-matter or name.
■X. The cases in tlio docket of causes shall bo successively numbered
from No. 1 onward, and each case shall also bo designated by tho num¬
ber nssigned to it on tho records of the Patent Office.
5. This docket shall bo called for tiio trial of tho cases thereon on
tho first day ot each session of this court in general term, provided tho
petition lias been Hied ten days before tho commcncomciit of tho term.
0. Tho opinions of tho court, when written, shall bo kept by the clerk
in tho order of their delivery and in a temporary book-ffie, indexed ; and
when so ninny have been delivered ns will make a volunio of convenient
sizo lie shall cause them to bo bound.
7. Tlie clerk shall famish to any applicant a copy of any paper in any
of said appeals on payment of tho lawful Tees.
8. Hearings of said nppenls shall bo subject to tho rules of tho court
provided for other causes therein.
0. When the testimony of tho Commissioner, or of any examiner,
touching tho principles of invention in question shall bo deemed ncccs
sary, it shall bo taken orally in opuu court, unless otherwise ordered by
tho court. And, in sacli enso, tho court mny order it to be reduced to
writing', and tiled or entered on its minutes, if it think, proper.
10. Tho ilnnl judgment or ordor of tho court skull not recite any of tho
facts mndo to appear in tho caso, but shall bo to tho following effect:
: °®c0’ r«"‘l upon the te88timonyTthoX“nm^iro°r^f Patente,] fofono
It s I thereupon ordered and adjudged that tho [petition bo dis¬
missed] [Comiiiissionor do issue to the petitioner a patent,] [as prayed, 1
[granting the petitioner (so and so.)] J 1 y
“And that tho clerk of this court trnnsniit to tho Commissioner of
Patents a copy of this decree duly authenticated."
To tho Commissioner of Patents: :
• Your petitioner, A. B., of - - , county of - , and State of
- , represents that ho has, by grants duly recorded in tho United
Stntcs rntent Office, (liber -, p*. _,) become tho ownor of an exclusive
: right within nnd for tho several States of (Maine, New Hampshire,' nnd
.. "Vermont, ) to mnko, use, and- vend to others to bo used, a certain im¬
proved mechanical movement, for which letters patent of tho United
States were granted to 0. D. or - , in tho county of _ , and
Stato of - , April 1, 1809; that he has reason to beliove that,
through inadvertonco, accident, or mistake, tho specification and claim
of snid letters patent aro too broad, including that of which said
; pntciitco was not tho first inventor. Your petitioner, tkeroforo, hereby
" cutors his disclaimer to that part of tho claim in said specification which
is in tho following words, to wit:
“ 1 also claim the sleeves A B, having each a friction cam, 0, and con¬
nected, respectively, by means of chains or cords K L nnd M N, with an
oscillatory lever, to operate substantially as herein shown nnd described.”
The potitiou of A. B., of - , in tho county of - , and Stato of
- , respectfully represents :
That lie has mado certain improvements m velocipedes, nnd tlint ho
is now engaged in making experiments for tho pnrposo of perfecting tho
i snino, preparatory to applying for lotlers patent therefor. Uo therefore
: prays that tho subjoined description of his invention may bo fifed ns a
caveat in tho confidential archives of tho Patent Offico.
I v - • A. B.
, SjicciJication.
Tho following is a description of my newly-invented velocipede, wliiok
• ''•» ns full, clear, and exact as I am nblo at this time to give, rcforonce
v being had to tho drawing hereto annexed.
This invoution relates to that olass of velocipedes in which tlioro nro
two wheols connected by a beam forming a saddle for the ridor, tbo foot
boing applied to cranks that rorolvo tbo front wheel.
Tbo object of uiy invoution is to render it unnecessary to turn tbo
front wheel so much ns heretofore, and at the same time to fnoiiitnto the
taming of sharp curves. This I accomplish by iltting the front nud the
kiud wheols on vertical pivots, and connecting them by menus of a
diagonal bar, ns shown in tbo drawing, so Hint tlio tinning of the front
wheel also turns tho bnok wheel with a position at an angle with the
beams, thoroby enabling it easily to turn a curvo.
In tho drawing, A is tho front wheel, B tho hind wheel, and' 0 tho
standards extending from tho nxio of tiio front wheel to tho vertical
pivot a in tho beam b, and D is tho cross-bar upon tho end of a by
r [Tlio form of oatli will be substantially that provided for original ap¬
plications, except that, ns a caveat can only bo tiled by a citizen, or an
alien who has resided for one year last past in tho United Stntes, nud
made oath of lus intention to become a citizen, tho oath ibould bo
modified accordingly,]
38. Op an undivided fractional interest in an invention be-
POKE THE ISSUE OP LETTERS PATENT.
In consideration of ono dollar, to me paid by O. D„ of' _ I do
t r T-iea t0,saitl °- D- nn m,dividc<1 talfof -H my right
itle, and interest m and to a certain invention in plows, as fully set
forth and described in tho specification which I havo prepared fif tho
ST10" 1,118 bee“ nIr°‘l<ly mnd°’ Say “ and flIcd”J preparatory to oh-
taming letters patent of tho United States therefor: And I do hereby
U‘'l0riZ0 aud ^"cst tho Commissioner of Patents toissno tho said
letters patent jointly to myself and tho said 0. D., our heirs nud assigns.
Witness my hand this 10th day of February, 1808.
39. Op THE ENTIRE INTEREST IN LETTERS PATENT.
In consideration of flvo hundred dollars, to mo paid by 0 D of
——,1 do hereby sell aud assign to tho said 0. D. nil my right, title,
f"d‘ C‘f !“ alld tl;° *ettors lmt°nt of tho United States No. -11800
for an improvement iu locomotivo head-lights, grouted to me July 30,
trey ns tho same would have been Md anfen ’ i?'^ aad ea’
assignment and sale had not boon niado * d J y°d by mo if tWa
i WitUCSS ,ny l,a,ld «><s 10th day of Juno, 1809.
4‘ A.B.
‘10. Op AN UNDIVIDED INTEREST IV tup Trm,n.m
SION THEREOF AND
In cousidoration of one thons-imi ,i„u„„„ .
- - > I do horoby soli and assign to tho said 0° n'm br °;-D.'’,of
fourth part of all inV right tin- i • f 8a«‘ 0. D. ono undivided
patent of tho United States No lots'- tv, ltclcst 1,1 aml to tho letters
: stoves, granted to mo Jh, - 10 “s ^thn In ‘ ""TT™*'"' cooki“S-
a* . . ^ "ouM luvvo been hold and oiijoycd bv mo if
this assignment and salo had not been made U J J 11,0 lf
Witness my hand (Ids 7th day of January, 1809.
A. B.
i ' •«. Exclusive territorial grant by an assignee.
V In consideration of ono thousand dollars, to me paid by O. D„ of
77-“, 1 d0 l,eroby em,,t aml convoy to the said 0. D. tbo cxclusivo
right to uinko, use, and vend within tho Stato or - and in no other
place or places, the improvement in coru-planters for which letters
patont ol the United States, dated August lo, 1S07, were granted to
E. F., anil by said K. F. assigned to 1110 Docomber 3, 1S07, by an assign-
mont duly recorded in liber X“, p. -110, of tho records of tho Patent
Ofilce, tho snmo to bo held and onjnycd by tbo said 0. D. as fully and
entirely ns tho sumo w-ould have' been hold and onjoyed by 1110 if this
grant had not been made.
Witness my baud this 10th day of Unroll, 1808.
A. B.
42. License— siiop-RionT.
; In cousidoration of fifty dollars to bo paid by tho firm or S. J. & Co.,
- i I do horoby lieonso ami empower tbo said S. J. & Co. to
manufacture, at a singlo foundory and muoltiuo shop in said - , nud
. I® 110 other place or places, tbo improvement in cottou-secd planters for
; whicli lottors patent of tbo United Stntes No. 71840 wore grnuted to mo
, November 13, 1808, aud to sell tho machines so iimnul'neturod through*
out tho United States, to tho lull cud of tho term for wliioh said letters
j patent nro granted.
; Witness my hpnd this 22d day of April, 1809.
43. LICENSE— NOT EXCLUSIVE— WITH ROYALTY.
This ngi'ooinont, mndo this 12tli (lay of Soptomber, 1808. between A. B.
party of the first part, and 0. D. & Oo., party of' tho second jmrt. wit
ncssoth, that, wliereas letters patent of the United States for nil ini-
provemontin horse-rnhes woro granted to the party of the first part,
dated October 4, 1807 ; and wliereas the party of the second part is do-
sirous of manufacturing horse-rakes containing said patented improve¬
ment: now, therefore, tho parties hnvo agreed as follows:
I. The party of tho first part hereby liconses and empowers the party
or the second part to manufacture, subject to tho conditions hereinafter
named, at their factory in - , and in no other place or places, to the
end of the term for which said letters pntont were granted, horse-rakes
containing tho patented improvements, and to soli tho same within tho
United States. '
II. The party of tho second part agrees to mako fiill and truo returns
to tlie party of tho first part, under oath, upon the first days of July and
January in each year, of all liorso-rnkcs containing tho patented improve¬
ments manufactured by them.
III. Tho party of tho second part agrees to pay to tho party of tho first
part live dollars, ns a hcenso-fec upon ovory horse-rake manufactured bv
said party of tho second pnrt containing tho patented improvements":
provided, that if tho said feo bo paid upon the days provided heroin for
semi-annual returns, or within ten days thereafter, a discount of fifty
per cent, shall bo made from said feo for prompt; payment.
IV. Upon a failure of the party of tho second part to make returns
or tl . 110 1M‘J n,eut of liconso-fees, as heroin provided, for thirty days
a.tcr tho days herein named, the party of tho first part may terminate
this license by serving a written notice upon tho party -or tho second
pait; but the party of tho second part shall not tlioraby bo disclaimed
ironi any liability to tho party of tho first part for nny liconso-fees duo
at tuo time ol the service of said notice.
In witness whereof tho parties nbovo named (tho said Uniontown
Agi {cultural Works, by its president) hnvo lierounto sot tlioir hands tho
day and year first abovo written.
A. B.
0. D. & 00.
-W. Transfer op a trade-mark.
We, A. B. and a D., of — — , partners under tho firm-name of B. &
., consideration of flvo hundred dollars to us paid by J3. J?„ or tho
° 1,e™1>y assign, and transfer to tho said E.P.nnd
Stoves IwiiT r?/ t0 US0 iB th0 amiinfaeturo and sale of
stot es a certain trade-mark for stoves deposited by us in tho United
States Patent Office, and recorded, therein July 15, 1870; tho sni'no to bo
Hold, enjoyed, and used by tho said 0. F., as fully and entirely as tho
sanio would have been held and enjoyed bv ns ir
made. J 1 “ UJ 118 “tins grnnt had not boon
Witness our hands this 20th day of July, i8y(li
45. Statement and account.
In tho matter of the application of a u „r.,
To tho Commissioner of Patents-
“ . . .
=Mra,Ta\-E3i,'ss
wns <'teslnL°S>Tt‘anS; bUt,’ t"’° yCIU'S aft0I'vnrtl> tl10 establish., lent
was destroyed by tire, without ju s, . ranee. In the exposure at the
5? ° eont, itted i 1 c so I cl co fined I to tie lo c
for three years, when lie died, leaving applicant, his executrix auil
widow, with a large family and small means. Nevertheless, applicant
made every effort to induce manufacturers to uso tho improvement
aim at lust succeeded in inducing tho firm of 0. T. .<fc Co., of _
to rcconimeiiCfc tho inniiufiictiire of the machines. But alter four years
tho firm failed, being largely in debt to applicant for royalties. After
, this it beenmo impossible for applicant to do anything with tho iiivcu-
;• tion. She wrote to various manufacturers, anil mndo personal appli-
; cation to others, but found them unwilling to innko arrangements to
Pay royalties, or to use tho invention in any way, unless sho would sell
too patent, including tho extension, for a nominal sum. Sho states, how-
: over, dint she has at length succeeded in perfecting nil agreement with
; G. H. & Oo., of - , conditioned upon tho extension, whereby tho
! “'d flrl“ agreed to manufacture tho pntonted machines, nud to pay her
l n ro-V«lty of throe dollars upon cncli ono mndo. Aside from tho interest
; so vested in G. H. & Co., tho entire interest in tho oxtonsion remains
j -Tested in her, and sho has made no assignment, contract, or agreement
of any kind for tho sulo or assignment of the extended term to any per-
son whatsoever.
The following is bcliovcd to bo a corrcot statement of recoipts aud
' expenditures, nud is as full ns it is posslblo to mako it:
58
Receipt*.
Fiom proilfs from busiaoss, (for particulars or which soo
Schedule A) . $1,230 00
From royalties from E. T. & Oo., (for details of which sco
Schedule B) . . . 2, 341 00
From sale of shop-right to L. 51 . 230 00
Total receipts'. . 3,827 00
Expenditure*.
Exponso of procuring patent . 200 00
Net receipts . . • . 3,077 00
Tlio invention is exceedingly useful, as will ho abundantly proved.
Tho testimony will show that it lias been introduced upon 20,000 mow¬
ing-machines, and has increased tho value or said inacliincs not less
than throo dollars each. It is ovidont, thcreforo, that tho public have
, *JCCQ greatly bonedted by tho uso of this invention j wliilo the fact that
0. D. invested his entire tiino and means, uud llnnlly lost his lifo in tho
prosecution of his invention, is respectfully ottered ns proof thnt ho 1ms
not been, adequately remunerated for his time, ingenuity, and oxpenso
bestowed upon this invention, and tho introduction thereof into use,
) Respectfully submitted.
A. B., Executrix.
[Hero fullmvH oath. Sco Form S5.]
40. Reasons of opposition to an extension, (by individuals.)
Iu tho ma tter of tho application of A. B. for an exteution of letters pat-
1855 ^ 1"lprovomonts in B®wiug-machiucs, No. 12213, dated May 15,
To the Commissioner of Patents:
Wo wish to oppose tho application above referred to, for tho following
reasons, viz : °
First. Applicant was not tho original nnd lirst invontor of tho im¬
provement claimed by him iu said letters patent, tho snmo having been
^ully described iu tho English patent No. 27, or tho your 1853.
» ~ ">• •W-*
PnlrH, Sa\ d i1,.ivo“ti1°" i8,not v,dmblc '»»<> important to tho public.
fTAmn-f -^PPi'cunt has been adequately remunerated tor his tiino, in-
gonuitj.and expense m originating nnd perfecting liis alleged inven-
dne dnieonc° in bis ^
Sixth. Applicnut has assigned to mi,„
teiuion , nnd tho monaiM1, fr ^^*^5**“ oU ‘“‘enaf In tUn <a.
r, .t7ss&a«-*®asa i recorded Juno 2, 1804,
a true atatomonUH^ do notpresont
DEPOSITIONS.
d7. Notiob of taking testimony.
• t Boston, Massachusetts, March 29 lsao
1 q„, V- ’ "lg heforo tho Ooininissioncr of Patents.
- tho onico vr“ y "rci ‘hat 0,1 Wednesday, March 31, I860, at
. no oWm-b M M V '1'’ 'r ° Court8tl*ct, Boston, Massachusetts at
' ■ "dock n tho forenoon, I shall proceed to take tho testimony of G
H J. 1C., and Ii. M., all of Boston, as witnesses in my behalf.
^reh“Z!,imr T1" <i°"ti,lno from day to day until completed. You
attend nml cross-oxiimino.
t A.B.,
I - , Providence, Rhode Island. ** * Q'’ AUom!>-
Proof oj service.
State of - , County of - , ss:
Personally appeared before mo, a justico of tho peace, tho above-named
... ’ wl,0» be,"S d'dy sworn, deposes ami says that ho served tho abovo
I "P011 °- r-i tlio attornoy of tho said O. D., at ono o’clock p. m. of
I tho oOtli day of March, 1809, by leaving a copy at his olllco in Provi-
I •; Hence, Rhodo Island, iu clmrge of his pnrtnor, It. S.
a A.B.
Sworn to and subscribed before mo this 31st day of March, 1809.
E. F.
• (Sorvico may bo acknowledged by tlio party upon whom it is made ns
follows:
. Sorvico of tho abovo notice acknowledged.
O.D.,
By E. F., his Attorney.)
-18. FOUM OF DEPOSITION.
• Before tlio Commissioner of Patents, in tlio iiuittor of tho interference
' hetwcon tho application of A. B., for a paper-collar machine, nml tho
Bettors Patent No. 85038, granted Decombor 15, 1808, to O. D.
Depositions of witnesses examined on bolmlf of A. B., pursuant to
annexed notice, nt the oflleo of E. F., No. 30 Court street, Bos
Mnssneliusotts, on Wednesday, March 31, 1809. Present, S. T., i
on bolmlf of A. B,, and V. W., esq., on bolmlf of 0. D.
G.H. (1.
G. H., being duly sworn, (or nfllrmcd,) doth depose and say, in am
to interrogatories proposed to him by S. T., esq., counsel for A. B
follows, to wit:
Question 1. What is your name, ago, residence, and occupation?
Answer 1. My name is G. H.; I mil forty-threo years of ago; X n
manufacturer of paper collars, and rcsiilo in Ohclsen, Mnssnehusotb
Question 2, &c. * • • • • • • • •
And in answer to eross-iu torrogntorics proposed to him by Y. W., <
counsel for 0. D., ho snitli :
, Cross-question 1. How long have you known A. B.?
Answer 1.
G. I
49. Certificate of officer.
(To follow deposition.)
State op - , i
County of - , j ss;
At Boston, in said county, oil the 31st day of March, A. D. 18G9, bol
mo personally appeared the above-named G.-H., and mndo oath that
foregoing deposition, by him subscribed, contains tho truth, the wli
truth, and nothing but the truth. The said deposition is taken at
request of A. B., nt the time and plnco mimed in tlio notice hereto
tnclied, to bo used upon the hearing of nil interference between
claims of. the said A. B. and those of C. D., boforc the Commission©
Patents, on the 3d day of May, A. D. 1SG9.
Tho said 0. D. was duly notified, ns appoars by the original noti
horoto annexed, and attended by V. W., esq., his counsel.
E. P.,
Justice of tho Peace
Tho magistrate shall then append to tho deposition tho notico uni
which it was taken, shall seal up tho testimony and direct it to tho Oc
missioucr of Patents, placing upon tho envelope a certificate in si
stance ns follows : ’
I horoby certify that the within deposition of G. H., [if tho packs
contains more than ono deposition, give alt the names,] relating to I
matter of interference botwcon A. B. and 0. D., was taken, sealed i
April11' a'd^MO tU° °0,amiSSi0n0r 0f Pntouts «>o this 20th day
E.P.,
_ _ _ _____ _ _ Ju8lico of tho Peace,
:
EXPERIENCED IN LINE BUILDING
stntction of each section will he under the super-
Vilson II. Kairbank of Warren, Mass., who has
lines anil better lines than any other man in
and is thoroughly familiar with the territory,
ill five different installations from New York to
lepost Company
usiness over its standard line costing $ i . 373-
her of the older companies could handle ove
t costing them S7.h09.55 a mile,
nicnsely reduced cost of beginning busim
show itself in the Teleposl Company s balance
nnlv a very small volume of business is needed
rge dividends on this low construction cost.
would much rather have his corporation made
impregnable, his first earnings appearing in tin
value of his stock, than clamor for excessive div
mg the necessary period of establishment.
The foregoing policy will insure three things t
|xisl Company stockholders:
1. The establishing of the business
all parts of the country.
a. The rapid advance in market valui
because of the evidence of prosperity V
the Company.
i. The tmtinuota payment of large
THE BEST, BUT NOT CONTENT
The Teleposl Company is formed to transmit
messages hv the quickest and cheapest method:
by science or invention, and its purpose is to pre
TELEPOST DIVIDEND POUCY
PERPETUITY
New ex-
plained uO^e Company's desanbttve pamphlet. , gWfilflf W®
TholftxKRIilNQ-. DEBENTURE : CORPORATIONhMi opened a Sub-
Bcription JIqj tlie flrat iMtalliiient dtHIie fnlly-pidd'Caj)ilal Stook'‘o£ the. TELE-
POST Cfbii^ANY,. at pto, 810 a share. , ,
The llOotripany- will.'oonfine: thiSvfirstiisBue to.ionunjnount,', sufficient to
iihistettUhe extension outrank lilies, the
: ^s^®aa^i,S3as^5Ss»asaaaa?5s&i^S3s^s
widely a j y possiblfehas :-been * adopted’,'’ not ' only* that ; the >greatestnumbep or * co-
SSJ^&gjyjBSS
1,0 one ipdrsbn ; \ liutfsUbiilCa’jKfe^ stock ^
1 00 foundll^visable, tho subscribers to the present issue- will each hayo a right
to Bubscr; |b^ i^ro -rath, to: the now issue before any offer: is mode to the general
piiblic, feprding? to-the policy of • well-managed banks: in; favoring their
• «lgiruil fefi if
1
schemes is the Hoard of Trustees
I by the independent oil-
leir successful attempt to
of their invention. energy. patience and capital ;
they willing to subject the great enterprise for
It having been legally determined that the Votii
of Trustees is a |M>sitive protection of sound btisi
terprise and a guarantee to shareholders, the
Company perfected its organization in that w
securing to its stockholders the permanent ov
management and protit-enjoymenl of the public e
in which they are engaged.
somewhat different motive— that the Telepost Company
will never be sold out, merged, reorganized, leased
or otherwise controlled, or its business in any way
menaced by outside speculators :
i. The Inventor of the Delany System of R»|»h1
A mom.u ic Telegraphy ami his associates.
3. The public, who not o i 1 * ” * c C “ 1 “
The First Interest : Mr. Delany. who lias given the
best work of his life to his Rapid System, and the K. H.
Sellers Co., who for many years have liccn associated with
hint and have financed the undertaking during the neces¬
sary and costly period of experiment, development and
r di/i g I not propose lobe deprived of the fruits
defend and protect. This policy negmx .
-"SctrsKs:
. . -
ppeal of Edison and Haering-[
ton from the decision of tho)
Commissioner of Patents, off
March 20th, 1870, to tho Hon. I
tho Seohetaiiy op the In-1
Argument (or Mr. Prcst-oM.
I’he first qnostion upon this proceeding (which in
^stance is nu appeal), rolatos to tho just limits of tho
31-otay s legal power over decisions of tho Oommis-
nor of Patents, on subjects clearly within tho Com¬
moners jurisdiction, and concerning which decis-
Mal<e/e0^10U '8 miu^°’ 0XCeP^ ho hns committed
Hie Commissioner of Patonts exorcises judicial funo-
is upon questions of a special oharnotor; and tho
tuto gives au appoal to tho courts of law for tho
reotion of every error which ho may commit. For
jrs suoh ns are hore allogod, a peouliar and most
mcious remedy by notion is givon by B. S., § 4916,
“§4916. Whenever a patent on application' is re-
“ fused, either by the commissioner of patents or' by
“ the Supreme Court of the Distriot 'of- Columbia,
“upon appeal from the commissioner, the -applicant'
“may have remedy by bill in equity, and. the 'court
“ having cognizance thereof, on notice to adverse
“parties, and other duo proceedings had; may ad-
“ judge that such applicant is entitled, according to
“ law, to receive a patent for his invention as specified
“ in his olaim, or for any part thereof, as the faots in
“ the oaso may appear, and such adjudication, if it be
“ in favor of the right of the applicant, sliall-authorize
“ the commissioner to issue suoli patent on the appli-
“ oant filing in tho Patent Office a copy of the adjudi-
“ cation and otherwise complying with the require-
" ments of law. In all cases where there is no oppos-
" ing party, a copy of the bill shall be served on the
“ commissioner, and nil the expenses of the proceed-
“ ing shall be paid by the applicant whether the final
“ dooision is in his favor or not.”
At the same time certain powers over the the Patent
Office are givon to the Seorotnry of tho Interior by R.
S.,§§441, 481, ns follows:
“ § 441. Tho Secretary of the Interior is charged
“ with tho supervision of publio business relating to
“ tho following subjoots. * * *
“ Fifth. — Patents for inventions. * * *
“ § 481. The commissioner of patents, under tho di-
“ rcotion of tho Secretary of tho Interior, shall super-
“ intond or perform all duties respecting the granting
“ and issuing of patouts directed by law ; and he shall
“have cliurgo of all books, records, papers, models,
“ nmchinos aud othor things belonging to the Patont
“ Offico.” ... - ..
The snmo titlo, by an oxpross variation, gives tb the'
Secretary tho samo power of supervision ovo'r mar¬
shals and. others as over tho Commissioner of Patents,
with tho spoqial addition of appelluto powor.
; .“ The Secretary of tho Interior shall oxorciso super¬
visory and appollnto powor in relation to the acts of
‘.‘ marshals, &o,” (R. S., 448). •
;! The Oommisbionor of Patents has tho powor (denied
to.all other heads of bureaus in this department,) to
frame; his own regulations for submission to the ap¬
proval of tho Secretary.
We have only to add that tho Commissioner allows
and countersigns, and tho Secretary signs, letters patont;
and wo have all tho provisions of law characterizing
tho relation of the Commissioner to his superior officor
It is oloar, from this exemplification of tho statutes,
that the Seoretary acquires his powor ovor tho decisions
of tho Commissioner, not by any grant of appollato jur¬
isdiction, but from the roquiremont that bis signature
shall be presont to make a valid patont ; and from the
co-ordinato enpnoity in him to frustrnto*tho Commis¬
sioner’s dooision by witholding that signature.
This power to prevent is of tho greatest importance
to honest administration ; and is always roposod somo-
whero in a government of distributed powers. It is
generally a more powor to stay, and not .a power to re¬
vise or correot. It is tho last repository of tho
sovereign discretion touohing a sovoroign grant, and is
exorcised on the wholo innttor, without roforouoo to
details, by a simplo assent, or refusal of asseut. To
enquire or deoido whether there has boon error, is to
desoond to details, and to oxoroiso appollnto jurisdic¬
tion. It is the propor function of this discretion to de¬
termine whether tho prior judgmout was 'upon a sub¬
ject, competent to be considered by tho tribunal or offi¬
cer making tho decision. In England this powor is (in
respeot : to . patents,) exoroised by the lord olinncollor
as keeper of tho consoiencb of tho king and oustodian
of. the groat seal. In tho United States it is oxeroised
by the Seoretary of the Intorior. In England tho grant
Of a monopoly is of tho sovereign graco, and may be
refused arbitrarily (15 and 1C Viet., Oh. 83, § 1C). ; But
no such power of rofnsal by prerogative right, or in
other words, without reason, exists by law in this
country. In England tho highest judicial olfieor of tho
realm is charged with tho duty of nffixing tho groat
seal to patents for which warrants have boon issued by
the law officer (tho Attorney- General) who 1ms examin¬
ed tho case ; and yet though ho certainly must bo ro-
rcgnrdod as tho most compotout logal authority tb con¬
sider appeals, aud although, unlike the case of' the Sec¬
retary of the Interior, appellate jurisdiction is expressly
given to him (soo statuto horoinaftor cited), it will bo
seou, by tho authorities horonftor oited, that ho novor
oxoroisos that jurisdiction to ovorrulo tho subordinate
law officer, wlioii ho has acted within his powers.
In Vincent’s appeal, li, L. R., Oh. App., 341, tho Lord
Chancellor said : . .
“ It would bo making a dangorous precodont to allow
“ an appoal from tho law officer of tho crown, unless
“ a caso bo inndo of surprise or fraud, or unless somo
“ material fact which, if brought boforo tho law officer,
“ would probably have led him to decido difforontly,
" has subsequently come to tho knowledge of tho party
“ appealing. I do not think that such an appoal ought
“ to bo allowed on the ground that somo fact, whioh
“ wns within tho knowlodgo of tho appollant at tho time,
“ was not brought boforo tho law officer. j
“ In tho present caso, tho party opposing rolies on
“ public user of tho invention, but tho applicant raises
“ tho point that such usor took placo in consequonco
“ of a fraud which, under 15 and 15 Viot., oh. 83, § 10,
“ would destroy tho oflbct of tho usor. This is a quCS-
“ tion' of faot, whioh ought to bo tried by a jury on
“ viva-voce ovidouco, and, if I wore to refuse to allow.
“ tho patent to be soalod, I should bo precluding Vin-
“ oent from tho opportunity of having it so tried'." v '
The English statute under whioh such proceedings
lire taken is the 16 and 16 Viot., oh. 83, ns follows :
“ § 7. Every application for letters patent, made
“ under this not, shall bo referred by the commissioners,'
“ according to suoli regulations ns they may think fit
“ to make, to one of tho law officers.
“ § 16. It shall bo lawful for suoli law olfieor, nfter
■" suoh hearing, if any, as ho may think fit, to oause a
“ warrant to bo made for tho sealing of lottors patent
“ for the said invention, and suoh warrant shall bo
“ sealed with tho seal of tho commissioners, and shall
“ sot forth tho tenor and oll'cet of the lottors patent
“ tlioroby authorized to bo granted, and snob law olfieor
“ shall diroot tho insertion in suoh lottors patont of all
“ suoh restrictions, conditions and provisions ns he may
“ deem usual and oxpodiont in suoh grants, or neces-
“ sary, in pursuance of the provisions of this aot, and
“ the said warrant shall be tho warrant for tho making
“ and. sealing of lottors patent under thra not, aocord-
“ to the tenor of tho said, warrant. Provided always
“ that the lord chancellor shall and may have and
" oxorciso suoh powers, authority and discretion in ro-
“ spoct to tho said warrant, and tho lottors patont
“ therein directed to bo wndo undor this aot, ns ho now
“ has, and might now oxorciso with respect to tho wnr-
“ rant for tho issue undor tho groat soal of lottors pat-
“ out for any invention, aud in rospoot to tho making
“ and issuing of such lottors patont.”
- “ 16. Providod nlso that nothing lioroiu contained
“ shall oxtond to nbridgo or affect tho prorogativo of
“ tho orown in relation to tho granting or withholding
“ tho grant of any lottors patent.”
In nnothor oaso it was said :
“ If partios having full knowledge of tho faots, aud
I' taking thoir own courso in tboir manner of using
" the materials within their -knowlodgo, either do not
“ raise bofore the attorney general a particular argu-
“ ment upon tho foots, or do not bring forward all tbe
“ ovidonco bearing on those facts and then at their
“ command, they, in my judgment, are not entitled to
“ tho iudulgouco of having the matter remitted book to
“ tho attoruoy-gonoral, nor have they any right to oull
“ upon . tho lord chancellor to discharge, in that re-
“ spoot, tho oflico of tho nttornoy-gonoral.”
Ax parte Sheffield, Law Reports, 7
Ohancory Appoals, 239-240.
' Tlio king, having power by act of Parliament to grant
letters patent undor tho groat sonl from time to time,
for theatrical exhibitions, granted a pntent to tho peti¬
tioner for a regular thoatro. A subsequent patent for
a oirous having boon passed by tho lord privy seal,
tho first patentee opposed tho sealing of tho potent for
tho cirous by tin} chancellor.
Lord Chancellor (Lifford) “ An application may bo
“ mado to tho groat seal if the grant be illegal, or if
“ tho crown bo imposed on or deceived. In suoh
“ cases the olmncellor will. withhold the seal. Li this
“ case, as to tho matter of discretion, whether the
“ crown ought or not to grant suoh n pntent, I have
“ nothing to do witli that. Tho single question hero is
“ whothor thoso exhibitions of Astley are the subject of
" a patent within the act.’’
“ 4. * * It is said that I ought, as keopor of tho
“ king s conscience to withhold tho great sonl. But
“ tho granting of this patent has been considered by the
“ lord lieutenant ; so I do not think that I havo any-
“ thing to do with that. If, indood, tho patent wore il-
“ legal, it would bo othorwiso. I can’t withold tho
“ great Bonl.”
Jlxjmrtc Daly, Vornon & Soriven’s Rop ,
.602, 604.
(Irish Chancery R.), A. D. 1788.
Tho same principles have govornod the oxoroiso of
this kind of executive discretion in this country and it is
interesting to observe that our courts, and tho Attorney
General of tho United States, in. discussing tho ques¬
tion hero, have, without being referred to these English
authorities, adopted tho same rulo. Indeod, it is clear
that any other rulo would bo dostructivo of tho system
of dividod responsibility and power which prevails hero,
and in Groat Britain.
Mr. "Wirt said (Atty. Gcu. Op., vol. 1, p. 493) : “ In
“ a government purely of laws, no officer should bo por-
“ mittod to stretch his authority, and carry tho inllu-
- “ once of his office beyond tho cirolo which tho posi •
“ tive law of tho land has drawn around him.”
Mr. Hoar said (13 Opinions, p. 28,-9) : “ Tho
“ patent laws having mado ample provision for revising
« the decisions of tho Commissioner in propor cases,
“ by tbe judiciary, and the Execntivo having no appel-
“ late power over questions arising thorounder, tho party
“ should bo loft to pursue tho mode of robot there pro-
“ vided,” concluding that “ tho President should not
“ interfere with the rules and directions promulgated
“ by the Commissioner of Patents concerning proceed-
“ ings in his bureau for tho extension of patonts.”
Tho supervisory power of tho Secretary, in cases of
an original grant of a patent, is not greater or less than
in oases of an extension undor L. 183G, § 12, or L. 1848,
oh. 47, § 1. In tho easo of an extension allowed by tlio
Commissioner it is sottled that his decision is final in
tho absenco of fraud aud auy excess of jurisdiction.
Story, J., said : ’
“ It may bo laid down ns a gouoral rule that where
“ a particular authority is'confidod to a public officer,
« to bo oxoroisod by him in his discretion upon an ex-
. “ animation of facts of which ho is mado tho appro¬
priate ju’dgo, his deoisiou upon theso facts is, in tho
“ absence of any controlling provisions, absolutely
“ conolusivo as to tho oxistouco of thoso facts.
“My opinion therefore is that tho grant of tlio
“ present amended pntont is conclusive as to tho ex-
" istenqo of all the faots whioh were bylaw necessary-
“ t.o entitle him to. issue it j at least, unless it was ap- .
“ apparent on the very face of tho patent itself, with? ]
“ out any auxiliary evidence, thnt lie was guilty of a
“ olear oxcoss of authority, or thnt tho patent was pro- '
“ oured by d fraud between him and the patentee,
“ which is not pretended in the prosont oase.”
Allen v. Blunt, 3 Stoiy E., 745.
“ The act of the Oomuiissionor in extending letters
“ patent; is oonelusivo ovidouoo of all the faots whioh .
“ he is required to find- in ordor to grant such exton-
“ sion, in tho absence of fraud and any excess of juris-
“ diotion.”
Oliiin v. Brower, 2 Onrtis 0. Ot. B., 50G,
Hoad-noto.
So, in the ease of a pro-omption claim, disallowed
by tho register aud receiver, under § 3 of tho Act of
May 29th, 1830, which, unlike the subsequent Act of
September 4, 1841, § 10, contained no oxpross provi¬
sion for an appeal to the Soorotary of the Treasury.
Legnro, A. G., said :
“Tho case * * is simply one of a pre¬
emption claim, disallowed by the oflicors, wholmd com¬
petent authority to judge of its validity on grounds
satisfactory to them, that it was unfounded. * *
This judgmont I think right. But right or wrong is
not tho question. Tho law gave them the authority
to docido tho caso, aud they lmvo done so. Tho, do-'
partmont, in my opinion, ought to acquiosco in that
judgmont, ns in every point of viow conclusive against ’
tho olaim ” 3 Op. GGG, GG7.
In a similar caso Attoruoy-Gonoral Butler gave his
opinion that “ when legal ovidoneo is onco offored to
“ S>Q register and receiver it is their oxclusivo prov-
“ iuco to judge of its weight and force,” (3 Opinion,
In the subsequent oaso of an application for a patent
by tho nssigneo of n land warrant, whioh was issued by
tlio Commissioner of Pensions, on depositions alioged
to bo false ; Secretary Stuart said : “I will not pretend
“ to say that oases may not arise in whioh it would be
“ tho duty of tho Department, or of tho President, to
“ forbid tlio issue of the patent. Whore tlioro was any
“ collusion botwoon tho officers and tho warrantees, or
“ when the warrant was in tlio hands of a party to the
“ fraud, tlioro would be no doubt of tlio duty of tlio
“ Department, or of tho President, to arrest tlio issue
“ of tho patent. iiio mattor is ono of oxooutivo disoro-.
“ tion, iu my judgment, and it ought to bo exercised
“ in such a way as to do substantial justice.”
1 Lostor Land Laws, G13.
“ An appeal doos not lio to tho President, from the
“ decision of tho heads of tho difibront executive de-
“ partmonts. This has been settled both by judicial
“ decisions, aud by tho practice of tho government.
“ Tho truth is, such an appollate jurisdiction would
“ rondor it impossible for tho President to discharge
“his high duties to tlio country, aud would resolve his
" oifico into a tribunal to ho ir and determine private
“ claims in tho last resort.”
President Buchanan, 1 Lostor Land Laws,
G81.
It is cloarly dedueihlo from thosu authorities that
tlioro oxist iu this country and in' England cortaiu
principles of bureaucratio government applicable to this
caso, to disregard which would soon throw tho whole
systom of departmental administration into confusion,
bosidcs opening tho door for worso.
The gonornl principle is —
Tho superior administrative olficor, whoso aot or
sigunturo is requisite to comploto tho declaration of a
judicial judgment by Ins subordiuuto, 1ms a duty to
geo that his subordinate has acted within his jurisdio-
10
tion, and a corresponding duty to withhold his approval
from aots dono beyond that jurisdiotion or fraudulently, .
and to yield that approval -whore such jurisdiction: has
not boon oxcoodod, and tho subordinate has aoted
honestly.
The special applications (appropriate to this oaso)
of this rule for offioinl conduot are :
1. Where tho not done is the formation by tho Com¬
missioner of Patents of a judicial judgmont upon a legal
question necessary to bo dotorminod by him, tho Sec¬
retary of tho Interior will not, in this country, enquire
into tho correctness of that judgmont, but only into
the regularity of the application to himself. He will
refuse to reviso the judgmont upon points of law or faot
involved in the original judgment, because appellate juris¬
diction, has boen given on such questions to tbe courts
of law and -has not been given to him. \
2. The requirement that ho shall sign all patents is
intended to soparate official functions, and to increase
tho safeguards against collusive or fraudulent judg¬
ments, in relation to patents. It oroates a practical
veto power, to bo exorcised in oaso of fraud; or excess
of jurisdiction, by tho Commissioner of Patents _ as,
for instance, if ho should issuo, or endeavor to obtain
(by virluo of the Secretary’s signature), a patont for
lands, under tho guiso of lottors patent for an invention,
or Should send to the Secretary a patont for some con¬
trivance of a uaturo not within, but without, the law
or the statutes.
3. The _ statutory provision, giving tho Secretary
“supervision” over tho public business relating to
patents for inventions (R. S., Ill), and that requiring
the Commissioner of Patonts, uiulor tho direction of
the, Score tary of tho Interior, to suporiutoud and per¬
form all duties “ respecting tho granting and issuing of
patents directed by law," givo no powor of intervention
bythoSecretftrj-into the aot of adjudication by the Conn
11
missioner. The duties to be performed by him are all
• directed by law." Among those duties is to allow, and
issue, and roissue patents in cortuiu cases to assignees.
This makes it tho duty of the Commissioner sometimes
to dotormino questions of titlo, or disputes us to assign¬
ments. Not only doos tho law put upon the Commis¬
sioner, and on him alone, tho performance of this duty of
docisiou, but tho duty is, by its nature, incapable of
boing directed or controlled, oxcopt by appeal ; and
such appeal is expressly given, in terms broad enough '
to cover the case of every invoiitor failing in his appli¬
cation, by 11. K. 4,015. It is possible, howovor, that
tho Commissioner inuy be direatod, as to tho oxternal
formalities touching tho general conduct of his business,
and bo compcllod, in si ort, if necessary, to proooed with
tho discharge of his duties. The language of Attorney
General Wirt (1 Op., 020), is precisely applionblo :
“ Ho (tho Prosidout,) is not to porform tho duty, but
“ to soo that tho officor assigned by law porforms his
“ duty faithfully— that is honestly : not with perfect cor-
“ redness of judgment, but honestly.”
It not being pretended that the question decided by
the Commissioner was not one proper and necessary to
bo passed on by him, and it not being pretended that
lie has acted with fraud or collusion, it is respectfully
submitted that tho Secretary of tho Interior is not only
without jurisdiction to consider whether tho Commis¬
sioner h is erred judicially, but that to withhold his
signature, upon any investigation or opinion of his own,
in a caso whore tho jurisdiction of tho Commis¬
sioner is manifest, and bis act, within liis authority,
and not . challenged for bad faith, would bo vio¬
lently subvorsivo of tho truo ordor of . public busi¬
ness. Tho question now involved is a siinplo- ques¬
tion undor a branch of tho law whieli all lawyers
understand. But if it is once established thnt tho Suero¬
tary will, on appeal, enquire to soo whothor tho dooisions
of tho Commissioner of Patents aro orrouoous, (even
though it bo also understood that he will not i-ovorso,
oxoopt whoro his mind is entirely elonrupon theoi-ror,)
hisufficowill bo called on to ontortain an nppontin
every interference, or other disputed case. As was said
by the Attorney-General (1 Opinions, . G29), all tho
diitios of his subordinate will “ bo accumulated upon
him in the last resort and, unless ho is versed in
patent law, ho will, ns is reported to have boon said
by Mr. Secretary Browning, in ordor to the right
performance of this duty, be required “ to spoml days
and nights in learning patent law.”
In discussing a technical quostion of jurisdiction,
there is no plnce for argument upon rnorits; but
it is proper to call tho attention of tho Secretary
to the fuct that Mr. Prescott is not within the
benefit of B. S. 4915, on tho grouud that no patent
has been refused to him by the Commissioner (if not
on other grounds), while Mr. Edison is, as tho inventor,
arid the failing party, within tho romody of that stat¬
ute, upon all its conditions. A refusal, thorofoi-o, to
sign the letters patent' allowed (and no otliors call bo '
signed), is to rob tho judgment of the Commissioner of
ull its value to tho successful party,- and yet to shut
him out from all romedy. A similar consideration is
referred to in Vincent's Appeal ns boiug itself sufficient
ground for not withholding the executive approval.
Comploto copies of tho printed points .upon the
luoiits of tile controversy between tho parties, us sub¬
mitted to tho Commissioner of Pntonts, nro horowith
submitted, and a copy of tho decision of tho secretary
upon tho oral argument on tho 15th of April is horoto
annexed. *
•Boscop. CoNiama,
GnosvENon Pon-rmi Lowbey,
Of Counsel for Mr. Piiescott.
<a?'
SEORETARY Df.LANO’s’ DECISION. '
It is tho priiotieo of tho department to sign without
inquiry all patents that lire sont up from thd. Patout
Oflico with tlio signature of tho Comriiissionor at¬
tached boforo tlioy aro presontod. As far us I know;
it has boon tho prnctico of tho oflico from timo im¬
memorial. I cannot say to tho timo whoroof tho
memory of man runuuth not to the contrary; ,fco.; My
memory only dates back to tho day of -'Secretary
Ewing. Tho records of tho department; as Inis been
woll assorted by tho counsol, show, that applications to
tho Seci'clury to withhold his signature to those
pntonts have boon very rare, if one has ovor lieon
made. Novortholoss; I am vory clearly ' of tho
opinion that wliou my attention is called to the
facts of a case, mid my judgmont is that a patent .
should not bo issued, it would bo my duty
to withhold my signature from tho pulout. But I
think good practice requires that my opinion should
rest upon tho enso ns prosonted to tho Commissioner :
and thoroforo I should not bo inclined, I think, nndor
uny circumstances, to direct tho introduction of othor
avidouco than that which was boforo tho Commissioner. :
Cortaiuly in this case, at this stage of it, I should bo
unwilling to givo an ordor for tho taking of testimony
for its continuance, ns tho counsel upon ouo sido of tho
enso linvo asked. Now, ns to whotlior in my judgmont
I shall or shall not doom it my duty upon tho cuso, ns
it is boforo mo, to sign or withhold my signature from '
tho patent, ! shall oxpress no opinion. It will; per¬
haps, bo timo onougli to oxpross an opinion when tho
papors nro prosonted to mo for signature ; but if tho
couusol will rest tho caso upon its prosout nrgumont,
wliou I reach it by the presentation of tho putout,Iwill
deeido it. If thoy wish to argue that quostion further
at an onrly day, I will hoar it, if they agroo upon tho
timo. So that virtually, if I rnnko mysolf understood,
I doolino to grant oitlior of tho motions that have boon
14
submitted to-day— either to dismiss the oaso or con¬
tinue it and nllov.' additional testimony to be taken
in it. 1 recognize the faot that to the Commissioner is
entrusted, in the first instance, the duty of examining
and dooiding upon nil questions that arise before him
in his office and are presented to him ; but X am un¬
able to bring my mind to.the conclusion that it would be
my duty to sign a patent beoauso in his best judgment
he had direoted it to bo issued, if I, on the evidence
iu the ease as presented to me, should be of the opin¬
ion that his conclusions wore dearly and distinctly er¬
roneous. X do not say any thing about what I should'
do in a doubtful case. I do not desire to express any
opinion at present in any other torms than tlioso I
QUADRUPLEX CASE VOLUME 70 - CONTENTS
Atlantic and Pacific Telegraph Company v. George B. Prescott, Western
Union Telegraph Company. Lemuel W. Serrell and Thomas A. Edison.
Superior Court of the City of New York.
1. Amended Bill of Complaint. May 21, 1877.
2. Answer of George B. Prescott. May 13, 1876.
3. Answer of Thomas A. Edison. 1876. (Bound out of order between
pages 736-737 of Plaintiff's Testimony but filmed in its proper
sequence.)
4. Answer of Western Union Telegraph Company. May 28, 1877.
5. Answer of George B. Prescott to the Amended Complaint.
May 28, 1877.
6. Plaintiff's Exhibits I through Z.3.
7. Testimony for Plaintiff.
List of Witnesses:
George D'Infreville
Thomas A. Edison
Chase B. Harrington
Josiah C. Reiff
Giovanni P. Morosini
Henry van Hoevenberg
Edward H. Johnson
8. Plaintiff's Testimony in Rebuttal and Exhibits put in on Cross-
Examination of Defendants' Witnesses.
Exhibits Z.4 through Z.8.
Plaintiff's Rebuttal Witnesses:
William D. Hennen
Hiram Barney
Thomas A. Edison
Joseph T. Murray
Zenas F. Wilber
George D'Infreville
Ellis Spear (affidavit)
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[SUPERIOR COURT,
OF THE CITY OF NEW-TORK.
OE B. Prescott, The West- f
f Union Telegraph Com- l
or, Lemuel W. Serrell and }
ojias A. Edison. .. ,
; Tlio plaintiff respectfully shows to this c
First. The plaintiff is a corporation, duly incorpo¬
rated under the laws of the State of New- York, for
tlio purpose, among other tilings, of constructing and
operating lines of telegraph within the United States,
and of acquiring such property ns shall be necessary
or proper for that purpose, and it is now and has for
many years, been engaged ini the business of opera¬
ting telegraph lines within the United States. ^
Second. The defendant,. The Western Union Tele- .;
n-apli Company, is a- corporation incorporated under
said laws and for the same purpose, and :lins its
principal office in the City of Now-York.
1 Third. On the first day of October, 1870, the de¬
fendant, Edison, made and , entered into a contract
with one George Harrington, of which! a copy is an¬
nexed hereto and made part of this complaint, mark¬
ed A.
Fourth. In pursuance of said agreement^as- this
plaintiff is informed nnd believes, 'the said Harring-
ton advanced large sums of money to said Edison;
amounting to over forty tliousnnd dollars, in con¬
sideration of which, and the more fully to fulfil;
and carry out the said agreement, the said Edison,’;
on the fourth day of April, 1871, executed and de¬
livered to said Harrington a power of attorney and
assignment, of which a copy is annexed, marked B.
Fifth. At the timo of tho execution of such power I
of attorney, which was duly recorded in tlio united
States Patent Oflico May 0, 1871, tlio defendant,' ]
Edison, as this plaintiff is informed and believes, had \
arranged in his mind tlio process and means, the com;.' '
binntion, powers and machinery embodied in tlio npv
plicntions hereinafter mentioned, and liad developed.
them so far that lie was confident of ultimate suc¬
cess, and pursued his investigations and experiments
with the assistance of said Harrington, with energy :
nnd industry, and in a shop in Newark, equipped and
furnished at said Harrington’s expense.
Sixth. On or about tlio first day of January, 1875, '
the said George Harrington, on his own behalf; and'
as attorney for the said Edison, executed and deliv*.
erect to Jay Gould tlio deed of assignment; bearings
date that day, of which a copy is annexed hereto,
marked C. ; and on the ninth day of March, 1875, ho
executed and delivered to said Gould tlio deed
of assignment, of which a copy is nnnexed, .marked
D., both of winch' were recorded in tho United States
l atent Office March 31, 1875; and the said Gould
.. W<^ hy Ed^om W CXUCUii°n "“incd ",l|
so °-' tho Io“,rth d"y ot January, 1875, tlio-;
thon^d ToliLCP"8nTUon ot tho sum of thirty
Gould <li,1 v ’ tWl"0ll \VI13 l»,id him by said,
.wil l oxeont« nna deliver to said Gould tlio.-
SSSBSW*
On the sixth day of January, A'. D. 1875, the said
Edison, by the said Jay Gould, Ills attorney, in con¬
sideration ot the said sum of thirty thousand dollars
so to him paid, as aforesaid, did execute nnd deliver
to Samuel M. Mills, of tlio City of Brooklyn, an
assignment in writing under seal, whereby ho as¬
signed and transferred to the said Mills nil tlio right, 9
title and interest- ot said Edison, .in nnd to the appli¬
cations hereinafter mentioned, .and in and to all in-
vi.-tilious and improvements relating in any way to
Duplex and Quadrupled Telegraphs, and in any
Letters Patent for any such inventions or improve¬
ments.
On the eleventh day of January, A. D. 1875, tlio
said Mills, by an instrument in writing under his
band and seal, assigned nnd transferred to this plain¬
tiff, in consideration of the sum of thirty thousand
dollars to him in hand paid by tins plaintiff, all his
l ight, title nnd interest in and to said inventions and
improvements, and in tlio applications for tlie same,
and.the Letters-Putent that might be issued therefor.
Eighth. Ou or about the 19th day of July, 1875,
the said Jay Gould executed mid delivered to this
plaintiff, for a valuable consideration, an assignment
of all liis interest in Duplex and Qimdruplex Patents
-or applications for patents relating to Duplex or
•Quadruplex Telegraphy, which assignment was, on
tho eleventh dny of April, 1870, tiled for record in -
the United States Patent Office. None of the in- 10
ventions therein described -nnd none of those de- ■
.scribed in the applications hereinafter mentioned
■ were made ;for the gold and stock company, Du¬
plex and Quadrupled Telegraphs, . so called, are a
mode of telegraphy by which electrio oiirrents can bo
transmitted in the same directions and in the opposite
-directions at tlie same time, over the same wire ; nnd
•tlio number of messages which in a given time can be
transmitted over the snmo wire is thus more than
doubled, nnd the speed with which messages received
for transmission can bo transmitted is in like manner
and to the same extent more than doubled.
The system of duplex and quadruples telegraphy
is, and has been sinco 1870, therefore properly called,
and is, in fact, a system of fast telegraphy, and is
especially adapted to bo used in connection with, nnd
is, in fact, applicable to the automatic system of tele¬
graphy. This plaintiff is informed nnd believes, that
the inventions and improvements mentioned and
described in the applications hereinafter specified,
are useful and valuable additions to the automatic-
system of telegraphy, nnd to the instruments nnd
machinery, constructed by the said Edison, for the-
purpose of developing the same into practical use ;
and the said inventions are adapted for the purpose
of successfully and economically developing the said
automatic system of telegraphy into practical use,
and are applicable to the same, and to mechanical.
Ninth. On the nineteenth day of August, 1874, the
snid Edison executed seven applications for Letters
Patent of the United States of America, for certain
improvements in duplex telegraphs, which said ap¬
plications were dated that day, and were numbered,
respectively, 94, 95, 90, 97, 98, 00, 100, and the samo-
were thereupon tiled in the United States Patent
Office. And the said Edison, ns this plaintiff is in¬
formed nnd believes, at the same time complied in all
respects with the provisions of the law in such case-
made nnd provided. This plaintiff is informed nnd
believes, that on the 14th day of December, 1874, tlie-
snid Edison executed an application for Letters
Patent of the United States, for a certain improve¬
ment in duplex telegraphs, which application was-
numbered 112. On the 24th day of February, 1870,
lie executed an application for Letters Patent of the
United States for an improvement in qundruplex
telegraphs, which application was numbered 113.
The said last mentioned applications were filed,
shortly after their dates, in the United States Patent
Office.
And the said Edison, at the same time, complied
in all respects with the provisions of the law in such
case made nnd provided.
Tenth. On the nineteenth day of August, 1874, the
defendant, Edison, in violation of his agreement with
the said Harrington, hereinbefore averred, and with¬
out his consent, executed nnd delivered to the de¬
fendant, Prescott, an agreement, of which a copy is
annexed, , marked F.
Eleventh. The said Commissioner of Patents, after
receiving said applications, proceeded to consider the
same, and determined that the said Edison was the
first inventor of the improvements therein described,
and that the same were new and useful, and that
letters patent of the United States should be issued
for the said improvements, nnd each nnd every of
them.
Twelfth. On the 23d day of January, 1875, the
said Edison did present to the Commissioner of Pat¬
ents a letter signed by him, in which, recognising the
inference of the Commissioner of Patents that he had,
according to the forms of law, requested that letters
patent should issue to himself and Prescott, lie re¬
voked the request that letters patent of the United
States should issue to himself and the said Prescott,
nnd'recitinghis prior agreement with said Harrington,
requested that letters patent of the United States, for
the improvements mentioned- in said application,
should issue to himself and said Harrington. The
. snid Harrington, at the same time, presented to the
said Commissioner a petition, in which lie averred
tlio said assignment, bearing date April 4, 1871, and
prayed for the issue of letters patent to himself and
Edison, as the said Edison had requested in his said
16 letter. Copies of said letter and petition are annexed
hereto, and marked G. and II. respectively.
Thirteenth.. The said Commissioner did (hereupon
determine that the legal title to said applications,
numbered 04, OS, 00, 07, 08, 00, 100, and the im¬
provements described therein, was in the said
Prescott and Edison, and that he had no power to
take testimony in respect to, or to examine in any
way into the equitable title to the said improvements,
and the qnestion of title thereto must be determined
by the courts. And lie directed Hint letters patent of '
tile United States should issue to the said Prescott and ■
Edison for the said several improvements. And the
said Prescott claims that letters patent tor the inven-
16 tions and improvements described in all of said
applications should be issued, and is urging the said
Commissioner of Patents to issue the same, and the
same will be issued and delivered to tlio said
Prescott and Edison unless prevented by the in¬
junction of this honorable court. The issuing of the
said letters patent to them would work irreparable
injury to this plaintiff, and one which could not be
compensated in damages. It is impossible to de¬
termine in money the value of said improvements;
but the same are of great vnlue, and materially
facilitate and expedite the transmission of tele¬
graphic messages. If such letters patent for the
17 said improvements are issued to said Prescott and
Edison, they will have the record titlo thereto, and
may dispose of the same to a bona tide purchaser
for value, unless prevented by injunction. And
although by the terms of the said alleged assignment
of Edison to Prescott, .which the Commissioner of
[Patents has assumed to consider an application by
-jildison that said letters patent shall issue to. Pres-
Bcott and Edison— one of said parties cannot dispose 18
§|of any interest therein without the written consent
Hof the other— and other conditions are named, yet
fftho said conditions cannot be introduced into letters
{patent, and will not appear.on the face thereof.
‘i The defendant, Serrell, is the attorney of record
for the said Edison and Prescottin the snid several ap-
Iplica tions to the snid Patent Ollice, andisproseouting
ft ho same for them ; and in the ordinary course of
{business in snid office, . the said patents, when issued, 10
Twill be delivered to him, and all correspondence with
said office in relation thereto takes place with him.
Fourteenth. Tho plaintiff further avers, upon in¬
formation and belief, that snid agreement between
the defendants, Edison and Prescott, was executed
under the advice of the counsel for said Prescott,
•who was also the counsel for the Western Union
Telegraph Company, that the agreement aforesaid
between him and said Harrington did not include
duplex and quadruplex telegraphy, lhe snicL Mar- ^
rincton was then absent, and the said Edison was
mi3ed by such erroneous advice into executing the
said agreement between him and Prescott. It was
made without any valuable consideration whatever,
anil tlio said Prescott lias not, nor has any one paid
to said Edison any money or other value whatever
on account thereof. The same was made upon the
faith of promises made by said Prescott that lie
would assist the said Edison to develop tho said in-
volitions, and introduce the same, and sell tlie same
for a sum or price in some degree commensurate with
their value, and also upon the terms and conditions
in said agreement set forth. But tlio said. Prescott,,
who was then and has ever since been electrician of
the Western Union Telegraph Company, did not in
good faith carry out and perform, the suid promises,
terms and conditions, but fraudulently, and with the
intent and design to benefit his employer, tlio West¬
ern Union Telegraph Compnny, to tho detriment and
injury of said. Edison, and to compel him to join a
(with said' Prescott in executing a conveyance to tho
Isaid. Company for a small and totally inadequate'
[consideration, did wilfully violate tlio said promises,
*• and conditions in. tho following particulars:
" _ | _
!• He did not furnish tlio said Edison any money
or assistance of any kind in and nbout developing
tlio said inventions and introducing and soiling tho
saino oxcopt as hereinafter stated.
2. Ho did pay tlio fees required by l;nv upon filing
the said applications, and did, in tlio fail of 187-i,
assist the said Edison to obtain tlio use of some of tile
wiros and machinery of the Western Union Telegraph
Company for tlio purpose of experimenting with the,
8aui m volitions and improvements ; but as soon as
tlio machines embodying tho same proved successful,
ho allowed and undertook to license tho Westorn
Smpv0 loSrap|1 Company witliout tlio consent of
saul Edison to uso tlio same, and they linvo ever
s ice been used by said Company to its great profit
and ad vantage, without the payiiient.of any consul-
co!,se!!t lt'1Ver l° 0,0 saill^son. «nd without his'
with th«T-n U"{ si,id Eaiaon' >“ tllu fall -of 1874, was/;
not ifimr^ knowledge and consent of said Prescott, no-
1,11 tll“ said last mentioned Company for?:
describe,/?., » PiF Sllld1.lml?10'’cments and inventions
noTnromotn Tin/ apP1(,catl0'1?. lll« said Prescott did?
the contr?, •? I*!01 aafalat “! .8aid »o?otiations, but on
ari ft n l ? ' combined witfi tlio President of
to iink,?1/’ 7 '0.!vaa actil‘g 011 its bclialf, to ref, iso
to uwico any dohnito olTor to said Edison nnd tn
tious U!iil tiio ^Imn decisi°11 ul)ou saidnegotia:
S: , U,, “.!ould bo Educed by the
pilce f ° 80,1 sald m',L‘i‘tions fora nominal
thoklSwtedl^nW'^ 0ldared;?f sold Edison (witli
negotlntfons immtf pl'om,8ed to complete tlio said;
that purpose Tlnf/mi m®8 to put *dm hi funds for
and incurred liabilities hull011 SpanU11 ot said moiioy;
of seven Csan d dollars ,to oxto,l
tlui facts herc4nbe?ota°vetd nTMU lm°'vi'4
end- connivance of said $
6aid negotiations, in tlio expectntion and belief that
lie would be .thereby compelled to accede to term!
for tlio sale of said improvements much below theft
real value.
and authorizing tho said last mentioned Company to
manufacture other machines embodying tlio said im¬
provements, and assisted and directed in and nbout 28
the said manufacture, and tlio said Company 1ms
actually manufactured, or caused to be manu¬
factured, many machines embodying tiie said im¬
provements, and is now using the sumo witliout tlio
consent of said Edison, mid witliout paying him any
compensation therefor, and to the great profit and
advantage of said Company.
Fifteenth. Thereupon tlio said Edison, ns lie law¬
fully might, elected to rescind tlio said agreement
witli Prescott, and exeouted tlio instrument aforesaid, 20
marked G., and caused tlio sumo to be forthwith
filed in the United States Patent Office, together with
the said petition, marked H.
Sixteenth. The defendants, Prescott and tlio West-
ern.Union Telegraph Company, lmd notice prior to
Julyl, 1874j.of the agreements aforesaid between 1
said Harrington -and tiie defendant, Edison. Tile
last mentioned Company now claims to be (lie owner (j
of tlio inventions and improvements mentioned in - '
said applications, by virtue of some alleged agree- L30
meat between itself and the said Prescott and Edi¬
son, tlio precise nature of which is unknown to this
plaintiff. But tho said Company never closed or
consummated the said alleged agreement until after
the said agreement with said Prescott was rescinded
ns aforesaid, nor until after the snid instruments
marked G. and H. were filed in tho United States
Patent Office, tior was the same made with tlio con¬
sent of tiie snid Harrington, or tho said Gould or this
plaintiff, nor did this plnintiff know or suspect tho 31
same until after tho first day of February, 1870 ; nnd
this plaintiff is informed and believes, that neither
snid Gould nor snid Harrington knew of the same until
: after said last mentioned day. • ‘
| i Seventeenth. The snjd Edison, immediately after
the rescission of said contract with Prescott as afore,
said, offered to return to him and to said Western
Union Telegraph Company all sums of money cx*'
pended by them respectively in pursuance of said
contract, or upon the faith thereof, but they and each
of them refused to receive the same or any mrt
• thereof. J ‘ *
1. That, the defendants, and each of them, and
SSt attorneys and agents, may be eujomed and re, •
‘•d dlV‘nS tll.0 pendency of this suit from pro-
nfflm? n “r ,lPPllcat}°!13 for letters patent, or any
of them, or from receiving letters patent upon any
meats tu .aPlJllcnt‘0»s. or for any of the improve-
ments therein described, or from selling, disposing
fcum ^.th0 same in any way, and that
mJ tmnsmn1 t°'t lem execute
twi, ns? • tll(3 sa,d Commissioner a request
sahl 1 i f f 0 g letters patent upon the
said applications, or any of them, until tho questions
as to tho title thereto be determined in this Action
2. That the said defendants, Prescott and The
further prosccutiL the sSl nn.^ 1 -,i8 court f,0ln
scribed therein f
to execute such^mfh^ b°
applications. , inventions described in said
• 5> T1’at th« Pontiff may have such other or fut- '
ther order or relief as may be just, together with the
costs of this action.
McDaniel, Lu.umis & Soutiiei:,
Plaintiff's Attorneys.
City and County of Nm- York, ss. :
Thomas T. Eckert, being duly sworn, says, that
lie is President of tile above named plaintiff ; that
ho has read tho foregoing complaint and knows tho
contents thereof, and that the same is true of his
own knowledge, except as to tho matters therein
stated on information and belief, and as to those
matters be believes it to be true.
Thos. T. Eokeiit.
Sworn to before me, this 11th 1
day of 2fcp3l, 1876. j
j-l.
ut/lio,
Kings Co.
10 cnpitnl to bo furnished by tho party of tho first
shall -consist of tho stock, machinery, tools and
itions owned wholly or in part by him, of which an
itory shall bo made, without reservation, but so much
o stock, machinery, tools and fixtures partly owned
. I1?!1? 'I'0 hrst part and in part owned by ono
lam Unger, as aro now located and in uso at the
er place ot business, at Number Fifteen Bnil-Uond
l,,e> Newark, Ncw-Jerscy, shall bo allowed to ro-
there for uso by tho parties hereto, and tho said
atn Unger, under tho linoxpired piirtnorship ns
ng at tins date bctwcon Edison, party of tho first
and tho said William Unger, but snid Bliop, ina-
J , tools and fixtures, known as No. 15 Bni'l-Rond
ue, shall not bo used ns a place of general inaiiu-
Ifnm.'f" ,°r< <irf ,0,tl'e de,rimt:llt of interests of'
....... f.._...,y to bu established and known as tho-
can Iclcurnpli Works,” under the auspices of
0 1 bo owned by the parties to this indentnro, it being
^ ‘l1111 tl‘o gcnoriil mnnuructiir^.:
T,?inCU"‘i 18 ,0 **“ transferred to tlio
a,. , I ^ "T"1.’ 1 "u,l<8> to lu established under this
!'° tnil|ster of the title to tho stock,:
tmrlhv tl n. n- UrCf *ln<1"lvu"tions owned wholly
'stand «!.?,! “f f'.L' f!r8t l,1,rt to tho parties of
■o, rations lo, bo ,lu,d them in
1 kirnislK.,! , i 1 •“ to tho amount of
cd s n , „ !“ ll,0TJ 8‘,'l'"l«ted. shall bo taken and
•plied by the^ party “of Urn ffipru" “npitnl ^
nd ift'ten'uo? tlra •' >ftrt 81,8,1 B'vo '»« whol^
ss , ' c 0 ' n :,"vo,,tivo P°",0r8 to tho
paities to .my di.-i.f nlld admit no
veutions or Lurov ., ‘"dlr,i,!,t i,,t<!re8t »> “»d t0
tcept as heroin na? ?'! I".lul° or *° ho made by
and belong to tho panief ol' 'll’ bJt *" s,lcl1 81,1,11
is above set forth L#h ■ ° 1 10 l,ret ""<• second. .;
' sixth of this indnninlo l'tPl)0,;tio" ns sot forth in
I'eiitinns uiiido oxclusivn’l ?rov.,dod> however. That
'»y,'vhicd,, nndcFa com „ra'it ,oGold n,,d Stock. ?
»t part and Hr. Marslmi'V ‘«t between snid parly ot ,
ty ol tho Gold and Stock^Con',!.8.."^' to,bo tbc 8°l0 i
°d in this Agreement Hutu not to bo
brst part binds liiniBolf uoM 8a.^Ediaon or party
parties whatever, without the consont of tho pnrty of tho
iccond pnrt hereto, any invention or improvement that
nay be useful or dcsiro'd in automatic telegraphy. And
irovided further, that for any original inventions or im¬
provements that tho party of tho first part may mnko
other than such ns mny bo suggested or nriso from the
current work in tho manufactory, there shall bo allowed!
and paid by the firm to the pnrty of tho first pnrt al
reasonable and proper compensation therefor, nccnrdingl
to its practical vuliie, all things considered. Such pay- 1 47
inont to be in addition to and irrespective of tho propor-l
tionate pnrt of the profits of tho business of tho firm to
which tho pnrty of the first part would bo otherwise on-
titled.
And it is further agreed, that if any disagreement
shall nriso ns to tho sum which mny bo claimed ns
11 reasonable and proper” to bo pnid for such original in¬
ventions, tho question shall be referred to an arbitrator,
or, if preferred by oitlior of tho parties, to three disinter¬
ested pnrtics, ono to bo chosen by each, and a third by tho 48
two thiiB chosen, and whoso decision shall bo final and
binding upon both.
Sixth. That all profits arising from the business of tho
firm, and from all inventions and improvements, and from
tho manufactory, shall be divided between tho parties ns
follows: One-third thereof to tho party of tho Hrst part,
and two-thirds to tho pnrty of tho second part ; nnd all
taxes, rents, insurance and other expenses, and all losses
or damages, if any such shall occur, shall bo paid from
tho general rccoipts of tho firm arising from its business: 40
if (hero shall be nienfiicioiit rccoipts, tho deficiency shall
bo supplied by the parties lioreto in tho ratio of ono-
third nnd two-thirds, or shall bo taken from tho cnpitnl of
the Company.
Seventh. Tho partners shall bo allowed and paid from
tho gross revenues arising from tho business a sum
oqunl to fifteen per cent, upon tho capital pel milium, to
bo divided into monthly payments, nnd a like per centum
on moneys advanced by either pnrty ovor nnd nliovo their
proportionate parts of tho capital as above 60t forth, and go
nil excess of profits shall remain in tho treasury el tho •
firm, to bo appropriated to tho enlargement of tho works
nnd manufactory, litid extension of the business as may
■from time to timo bo agreod upon. Otherwise than ns sut
forth in this section, there shall bo no moneys or property
belonging to tho firm withdrawn, taken or. uiod by eitiior
.partner oxcopt upon tho written consont of both partners.
Eighth. Tlio piirty of tlio first pnrt shall Imvo tlio 064-
trol and direction of tlio manufactory, niid shall employ
61 and dismiss (ill workmen, na lio slmll doom best for tlio-
interests of tlib firm ; sliall pnrclinso nt lowest cash prices
without commission, tlio machinery, tooln,- stock nnd otliet
necessaries required in tlio manufactory, lind generally
shall bo responsible for the careful preservation of the •
machinery and property of tlio' Company, and tlio ctS-
rforiiicnl conduct of tlio manufacturing part of tlio busi¬
ness. But tlio manner of keeping tlio accounts and boob- '
6f the firm rind manufactory, ana tho employment of p6f-
sons required in keeping such accounts and books, rind all
62 that relates to the financial affairs Of tlio firiu and bust
ness, nnd the disposition of tho proceeds of the ninnnfno-
tory, shall bo performed, or approved; controlled and
directed, St his option, by tlio party of tlio Sfcttrid part, .
Jfinth. TlieroBlinii bo lio notes given nor any liabilities,
created by any member of the firm without the previous
assent of both tho partners.
Before contracts shall be entered info for fhe iiiamifac- i
taro of any given number of articles, it shall bothedutyof
the parly of the iirst part carefully to estimate tho whole
amount of moneys that will lio required to fulfill such
com, act if made, and the length of time that will lie re¬
quired to produce the urticles wanted ; and such cstimafo
shall be submitted to the party of the second part in order-
la to "'r 'V 10 condition of tlio firm is such
“ J«st'fy tho outlay, and whether, when making tho .
conti uet, it should not bo provided iiisucli contract for -
nd anees te he made by tho parties for whom tho work. .
hefOTebeompTe,tio.,!,1'01>0rtl0'‘ 08 tl,c work progresses and.
Bi bvttM1 rr"* 6lm." 1)0 kcl,t of business doiio-"-
sales V , 11 ln,"E»e"uhsof pnrehasd, miinnliictiiro,
mcor’dld in .i,""d l"?'"'c!lt8 8111,11 ho clearly and fully
of whatever ,10' ' “ detllllcd nccoinit of all oxpcnscs
'counts shall «> ,,n '!•“ {■•■»*.■»< the books and u co¬
partner. « 1 mcs °>lcn fo ,l,° inspection ol either i;
66 big, Or in aiiv wisn „!?" ! . *=°> hmoiigmg to or concern- ■*;
bis ess * nffeet",g. said partnership or suidif
etof^auhe n'uinufll^uroofalhnn! rgrcod • ,,nd n"dol> < ■
re ot all machinery,- instruments,. :
neeessarv to developo inventions nnd improvements, ana
bo obtained by either of tho parties hereto, slinll bo mwiu- 66
Tactured, made nnd filled lit arid from the manufactory to
beset up, created of established under tins copartnership,
add at no tiilier place, slibp or nmnutactory, without tho
consent of all tlio parties to this indenture.
Thirteenth. It is further stipulated rind agreed; that
tlio party of tlio Becond pnrt may, at his own option, ad¬
mit a third party into the find iipon; terms ot equality
with him nnd’ with, the party of tlio hrst .part, tot is to
Cay : To iih cfjnril tl.irtl iim t or ul crest in all tlm mycm
tioiis, tittle, nnichittry, obis and rill othtt nwporty of the
firm till'd in tliri business, with oue-tlind eh.u o of.
fits and losses arising therefrom, and oi^\tJiud bcnLnt,
and an assumption of one-third of till the
firm. Provided, that by the admission ol such third party
tho interest of the said party of the Iirst part in tho P> *
petty mid business ol tbo hrm shall not be lessoned
thereby, nor tlio stipulations and agrco.ueiita uiia provi-
sions of this indenture changed or modified, except l so
far as most necessarily follow tho admission of a thud ^
....... not. ni)0„ nn cqiml footing in interest, nnd in aH othei
respects with all t?io rights and privileges, and subject to
aUPtho restricti0ns to be enjoyed' or asTmposcd upon the
parties to this indenture.
Fourteenth. This partnership shall continue f « P^f^C
or term of fivo years from tho iirst day, of Octoliei,, re
eighteen bnndrcd arid seventy, unless sooner dl88olvoj£g/^
by niutiml consent of rill the parties. £..Y
Fifteenth. At the expirntiori of tlio partrierthip; oi' on
its final dissolution, tlio property and
all liabilities of the firm Intimately created n thewarse W
of tho business; shall be divided among tlio' respcctno J
nart iers actofding to their respective interests ; and m
mri ri”v tto of the partners shall die before the expira¬
tion of the' partnership, tlio surviving partner Mpw»^
if thero shall bo mord than ono, shall account ioi ana
pay over to tlio executors', administrators or other jogpl
representatives of such deceased partner, >>>b Fopmrtion
of tlio moneys arid of tlio proceeds of all propeity and
assets owned by said partnership or firm.
CO ' Sixteenth . Tlio provisions of this indenture mny bo nil1
torod or modified, from time to time, upon tlio agreement
mid written consent of all pnrtios.
In witness wlioreof, tlio said Thomas A. Edison, and tlio
said Georgo Harrington Imvo lioroiuito sot thoir hands
nnd nfhxed thoir seals, in tlio City of Now-Fork, on tlio
day and date first above written.
George Uaiiihnoton, [seal.1
i „ Thomas A. Edison. [seai,.1 f
In presenco of 1 J
01 J. IV. Treadwell,
Ciias. S. Hiooinson.
Oity and County of jtfew-Tork, ss. : ■';$
this 31st day of Dccombor, 1870, before me nor- <
Edison i!l’!iTd Go0rgo IInrri"St0" nnd Thomas A. v:
to hn ihn ■ !"° l>or30llnlb' known, and known by ino
within irt«t,M .Vd,Vn 8 d?STbed in nnd "'ho exeentod tho
".othit’^'S,"^,^,^0™1^ neknowludgod to
Co c«*s..U. Kitchel, Notary Public,
m and for A cw- York City and County .
Exhibit B.
Thomas A. Edison a;
3 Gkoiioe Harrington.
Dated April 4,1871. ' '¥.
StaTo'S^&lf; °f. }h° City of Newark, ’ '
sidorntions, to mo in’hm 5,or '.u,n Vl,bd n,'d valimblo con- ,
tion of cortain civo m ,i d .n,,U *" Turthor qonsidera- &
J*y Goorgo San , to bo lulfillod,:|
inmbia, md sdpulato ndil^n^ » "'•P1011* Diatriet of Co-' «f
03 for tlio said Harrinotnn °°i 0 l,,VQ1|t nnd construot 0
I 3a 'nonts and machine! v th! r “"d complete sets of instrn- p.
t 1 "oinicnliy devolopo into hr.u !?" V B"c°°3sfiiUy mid eco- Z
' nyjtem of aiitom„tic orPf f .,,8° thoLittl® mother ;
subsequently to Im'wwo of tologrnphy, and ‘
,lflf nnd machinorr by aidim? th»' J10!*®®1 such instruments
f“‘: ‘or invonSasoSrto.f,,<>l.n tiln® to time such
nbility ns an, inventor and nt./*?-6-1011 d do,nnnd, mid my jfc
ponnit 5 nnd furthermore to^nSI*" "lisllt suggest nnd %
i w 1'ieparo, or eauso to bo pro- - 4
pnrod, tlio necessary descriptive paporB, tho models nnd
drawings' requisite nnd necessary to obtain patonts for all
ouch inventions nnd improvements, to bo tho joint pro¬
perty of the said Harrington and myself, nnd the pat¬
onts to bo issued to the said Harrington nhd myself in tlio
proportionate interest of two-thirds to snid Harrington
nnd oiio-third to myself, tlio whole to bo under the sole
control of snid Harrington, to be disposed of by him for
opr mutual benefit in the proportions hereinbefore re¬
cited, in such manner and to such extent nB he, the said
Harrington, should deem ndvisnble, with power to sell,
transfer nnd convoy tho wliolo or any part of tho rights
nnd titles in and to any or all of snid inventions nnd im¬
provements, as also of tho patent or other rights arising
therefrom; nnd tho Enid Harrington having faithfully
fulfilled all of tho covenants and stipulations entered into
by him : Now, therefore, be it known, that in considera¬
tion thereof, and of the sum of one dollar to mo in hand
paid, 1, Thomas A. Edison, of tho City of Newark, State
of New-Jei-6oy, do by these presents hereby assign, set
over and convey to him, tho said Harrington, two-thirds
in interest of all my snid inventions, including therein all
my inventions of mechanical or copying printers, and ol
all the patents fur all such inventions nnd printers,
whether alrcndy issued, applied fur or to ho hereafter ap¬
plied for, and of all and whatsoever of my inventions and
improvements inado or to be .made, and of all tho patents
that may be issued therefor, that lira or innv bo applies
ble to automatic tclogrnphy or mechnnical printers.
And whereas, I am desirous of obtaining tho co-opera¬
tion and assistance of tho snid Harrington in disposing
of my eaid one-third interest, ns before recited, and foi
tho purpose of united and harmonious action in nogo-
4 dating for its use or its solo and transfer by or to othorE
in conjunction with his own, and in such free and un
restricted manner ns will tend to success, and for the sum
of one dollar to me in hand paid, tlio receipt wlioreof ii
hereby acknowledged : Now, therefore, bo it known, that
I, Thomas A. Edison, of4 tho City of Newark, State o
Ncw-Jcrsoy, bavo constituted and appointed, and bj
tlioso presents do constitute and appoint Georgo Barring
ton, of the City of Washington; District of Columbia, mi
true, lawful and only attorney, irrevocable, with powo:
to substitute for mo and in my nnine. nnd in such mnnno
ns ho may tliiuk best, to sell, transfer and" convey all in;
rights, titles and interest in nnd to nny nnd all of my sail
inventions, and tho improvements thereto, whether mndi
or to bo inndo, mid to sell, transfer and convey all of m;
04
f o-y-v-'W
, 05
1| ►vAfWfuivJ
r x&ffitX..
'■ 07
r
} 08
rights, by patent or otherwise, arising therefrom, already
mndo and obtained, and all such ns may hereafter bo
nindo or obtained, and to oxccnto in full any or all neecs-
sary papers and documents requisite lor tho transfer of
title, and to invest in otlior parties full and legal owner¬
ship therein ; hereby divesting myself .of and investing
him, thb said Harrington, with all the powers necessary *
ill the premises tally and completely to carry out tho pur¬
poses and intentions heroin set forth, herohy fully coil-'
milling all that my said attorney may or shall do in tho'
premises, as fully „s if done by mo in person ; and re-
suclfnUornevlllllSSi°,10r °f P“tOI,U to re<!t>S»'8° liim ns
In witness whereof, I havo horennto sot my hand and
Ai H|d nhrl.iea ’ fn ‘ !° jity f Ne"'nrk- lottrth day of
Apni, oiglitcon hundred nud seven t)*-onc. J
In presence of T. A. Eo.son. Iseal.] ,
A. D. Comma,
A. B. Oandkk.
[50 cent Itov. . . .
U. S. Patent Offiok.
Libm.u:uS™
^ sen, of t„o
[official SUM,.] Samokl A. Uoxoan,
Admg Comm'r of /‘aienfs.
Exhibit C.
Gaonoa IIah, u noton to Jat Gould.
Dated January 1, 1875.
tpWl,1T“D.b^8TOl,Thnnlr0 bA°al",? dat0 tlto firstpf Oe- •:
Newark, State of New T 3 A< Wo Oily of
of tho City of Washington Disinter rfF f{nrr,inKton'.
copartners and joint omim? ! ' C,° llrablA' heeanio - ,
von tors, for a poriod of ii!!-1,?’ ns "innufaeturors and in- '
section of saidP indenture irnil ! ‘iJd wlJ°roas‘, tho filth ,
1 shall admit no oSr ?dci tl,n‘ ll>° said Edison
“ interest in nr l„ " . P!>rtlc!.to any direct or i.idirnnf .
“ shall admit no other partieaV^03 tlw,‘ 1,10 B‘,id Edisun
1 ii'torest in or tohnv itwaUr b° W diroct o'1 indirect ....
lo bo mndo bv him " eS8 °r 'mprovonients niado
and Edison in the proportions ns sot forth in section sixth
of said indenture: and whereas , tho sixth section of said
indonturo provides that tho proportions referred to in sec- 73
tion fifth shall bo onc-tliird to snid Edison, and two-thirds
to said Harrington, all of which will moro fully appear
by refcrouco to said indenture, a copy of which is hereto
-attached : and whereas , in furtherance of the provisions
?! 8ftid .'"denture, and tho purposes of said copartnership,
tho said 1 homes A. Edison, by an instrument- in writing,
benring date the fourth day of April, A. D. 1871, duly
recorded in tho “ U. S. Patent Ollieo, tho Oth of May,
’ 1871, in Libor U. 13, page 4 1 2, of Transfers of Patents,"
to which reference is made, duly sot forth tho fact of said 74
.joint ownership in his inventions in tho proportions of
one-third to said Edison and two-thirds to said Harring¬
ton, and did therein formally assign and sot over to said
Harrington nil undivided tivo-thirds of all his inventions
mndo or to bo made, and then and therein constitute and
appoint tho snid George Harrington his true, lawful and
only ntlorhoy irrevoeublo, with power to substitute for
him and in his nntno, nud in such innnnor ns tho said
Harrington may think best, to sell, transfer and convey
all of his rights, titles and interest in and to all of his 75
snid inventions, and tho improvements thereto, whether
nindp or to bo mndo, and to sell, transfer nud convoy all
ot Ins rights by patent or otherwise urising therefrom,
already made and obtained, and all such as may thereafter
bo made or obtained, and to execute in full any and all
the necessary papers and documents requisite for tho
transfer of title, * * etc., ns is moro fully set forth in
snid instrument of writing: and whereas, during tho pe¬
riod of 6nid copartnership and joint ownership, tho said
Edison mndo certain inventions for duplex and qundru- 70
plex transmissions of intelligence at tho same time upon
one nnd the same wire, known ns qnudrnplox telegraph,
for which applications for putunts have been imido and
. are to bo mndo : nud whereas, I, the said- Gcorgo Har¬
rington, in the exorciso of my beat judgment, and in fur¬
therance of what 1 deem the best interests of the said
Edison, ns well as of myself, having determined to dis-
peso of tho said duplex and qundruplox inventions of
suid Edison :
How, therefore, bo it known, that lor nnd in eonsidora- 77
tionof the sum of 0110 dollar, and of further valuable nnd
valid considerations to mo in hand ' paid, tho receipt
whereof is lioroby. acknowledged, I, tho said Gonrgo Bar- '
•rington, of tho City of Washington, District of CoTninbin,
Jinvo granted, bargained and sold, nnd by tlicso presents
do hereby grunt, bargain, sell, assign, transfer and c
voy Onto Jay Gould, of tlio City of Wew-York, State
Now-York, his executors, administrators and assigns,
said inventions of said Edison, known ns duplex s
juadruplex telegraphs, together with all the rights ti
ind interest therein nnd thereto of the said Thomas
itdison ns tho inventor thereof, and all tho rights, title a
merest of the said Thomas A. Edison and tho si
ocorgo Harrington ns tho assignees of suid Edison,
iitlicr of them, and all tho right, titlo nnd inteicst uli
hey or either ol them now have or may hereafter
[lure in or to any letters patent issued or allowed, or tl
nay hereafter he issued or allowed for any such invi
ions, whether made or to ho made, aa well ns to all i
irou’iucntstliat may hereafter he made, and in or to a
e-issuesorextensuinsof the same or any of them, tl
. i ,, reliitu to duplex and qiindriiplex tc
dinii^i i 1 m'° .,0 lo!' himself, his -cxeeiito
„l„ „r6,n,.?re i",, f°r his and their own use ill
ehoof ,o the lull end of. ho term, as well the rene
„,u"8 • “|,“,uf. for which letters patent ha
10 sum.. .I?., m 1 ter, '"-‘grunted, as fully and entirely
"lvV , Vr t"lll<l 1)11 and cnjoyi
|i8 H^miia" ^ t'"'1 1 J l,ir""pti>n, or either Of them. In
And f Il!!!„;,i“ . 11111 fV' not keen made,
id ,1K i , I. ,, '■’cul‘ge tJnrrmgton, acting lor mysol
Edison Ki J miornuy of said Tliotni
J Could uml",rizu '"id empower the sai
'lit ec ,,d' . “»<> "ssigns. ns a vest.
« «S, y p Edison for a
ever uiav L , “ri*''’tngs, models nnd whal
nta Can tRu United States pi
liether made Jj "'vuitmns and improvement
tmueiits as ,nnJc' lllltl (°r all such further ai
id Jay Gould m. "ems,,lT or requisite to vest in tl.
11 and eon )|!fto8,n|t<'C.",0ln "^"''listriitors or nssigm
oven, elite . & “ *? “I1 6,,ul1 inventions and hr
}' Gould, or eutli oihmt'iHl1"8 “"di •‘Pl'ointin^ tlicsnii
io, lawful and onlv rn,1 011 ,n8 1,0 n,n.V iiitncnlc, in;
substitute, ns I am. "revocable, with powo
writing of A ih" do intho instrmnen
5 myself and investiim'i^' ' l)l'foro r“oilod, divest
relates ii.jS *11!1' ‘ ■« said Jay Gould, in nl
>Ph» and tie mom JS/0 {|ul!,cx ai,d qnndrnplcx telo
if exercised byme h 'noJlI 11,0 R°«or in the premise,
Esioiicr of Pate,, . ,' ,1’“r“on* "'"j requesting the Com
0(1 attorney 0f said E(1I«°°"I60i 1,8 ,llu duly emieti
i-dison and Barrington in ull mat
-tors nnd inventions rotating to duplex and quadrnplox
telegraphy. Providod, nevorthless, that it is distinctly
understood, agreed and stipulated, that this disposition,
sale and assignment of dnplox nnd quadrnplox tolo-
griiphy, and this. deed of conveyance and transfor, does
not and shall not bo construed ito include any inventions
heretofore made, nor any patents heretofore issued or 83
allowed, nor any fiitiiro improvements thereof or thereto
for dnplox telegraphy in connection with chemical tele- vr
'.grnpliy ; but all -swell roirinin ns the property of said Har-
ringtou and Edison, hud under tho solo control of said lALuJ
Harrington, tho siuno ns if this sale, assignment and deed V T
of transfer 'had not boon made or executed. _ _ OfiVAXr
u In witness Whereof. I, the -said George Harrington, for .
myself and ns the duly constituted attorney of Thomas
A. Edison, have horounto set my Iintid and seal, ‘in the
Oity of Baltimore, Stnto pf Maryland, this first day of 84
.January, A. D. 187s.
Gno. IIakuinciton, [r.. s.]
for myself, and as the duly
constituted attorney of
Titos. A. Edison. ' [l. s;]
In presence of
Wn. P. Cox,
D. Doksey.
Geo. Haemnoton, ’[x..-8/J
' for mysolf and as tho
duly constituted attor¬
ney of
. Titos. A. Edison. [l. b.]
Received for record March 81st, 1876, and rccordod
in <Libor 0. ID, pngo 160, of Transfers of Patents.
'In itostimony whoroof, 1 lmvo caused the soul
■ of the 'Patent Office to bo horounto affixed.
[l. 8.1 iEdmb Spexu,
Acting Commissioner.
March 9, 1875.
A tlioiis.
tlie City Of Washington Dis,r lit’, |?,,rrin?t"''
87 myself, „„d ns tho liiilv V H Colninbin, noting
. A- Edison, did e^ci o n,1! ,- C'd nttor"7 °f Thou
•lie City, County n“d StnT«d rd^,ver % Could,
of assignment : Stl,,° °‘ Nc»--York, n certain di
“ qimdruplM" ", vus' u r.'tleu l“d', ";1,<|rovor the wo
fnrno by the words, ‘‘ di pl^1 p.“IcId. '° Precede t
duplex mid” wero n- ' l ’ V1"611 “id wort
Places referred to, „ “d ,he ,e ^ °",,t,e.d bT «"« i» tl
smd deed wns to convey all iu ? ?1 '!",d menningof tl
3 myselr ,,nd the snid & " a ('p •* “,l0 ft,,d ''"terest <
manner pertaining t ji' Edl6T. *° or in an
telegraphs : ° '|,itx 118 well ns quadruple
P Now ii hereafter, it is cy
said Geo.ye ' lt?in^u\',,t;'r/Vit''e66«,>h. 'hat I, tin
assw^^aar--"-!!?
"'."d paid °f ono dollar"'
ndmi„Lt, , i lk’ s,»to of v W Could, ol tho
tensions thereof, for which letters pntent lmvo been or
may hereafter bo granted, ns fully and entirely ns tho
sauio would linvc been or could bo held and enjoyed by
snjd Edison or said Harrington, or either of them, had
this assignment,' snlo nnd transfer not been made.
And J, tho 6nid George Unrrington, noting for myself
and ns the lawfully constituted attorney of snid Thomas
A. Edison, do hereby authorize nnd.cmpower the said Jny
Gould, his administrators nnd assigns, ns a vested right
conferred hereby, to call upon snid Edison for nil tho 92
necessary specifications, drawings, models nnd what¬
soever may be necessary to obtain United States patents
for nny ot snid inventions nnd improvements, whether
made or to be made, nnd for nil such further nssignments
ns mny bo necessary or requisite to vest in the snid Jnv
Gould, his executors, administrators or assigns, full anil
complete title to all such inventions and improvements,
hereby substituting nnd appointing the snid Jny Gould,
or such other person as he mny indicate, my true, lawful
nnd only nttornoy, irrevocable, with power lo substitute, 93
ns I am authorized to do in nnd by a certain instrument
in writing,' bearing date April 4th, A. D. 1871, mid exe¬
cuted nnd delivered by tho said Thomas A. Edison to me,
hereby divcBting myself nnd investing him, tho snid Jny
Gould, in all that relates nnd applies to duplex nnd qnnd-
ruplex telegraphs, nnd no more, with nil. tho power in tho
premises ns if exercised by mo in person, nnd requesting •
the Commissioner of Patents to recognise him ns the duly
constituted attorney of snid Edison and Harrington in nil
matters and. inventions relating to duplex nnd quadra- 94
plox telegraphy : Provided, nevertheless, tlint it is dis¬
tinctly understood, agreed nnd stipulated, tlint this dispo¬
sition, sulo nnd assignment of duplex nnd qnndruplox
telegraphy, nnd this deed of conveyance mid transfer, 'does
not and shall not bo construed to include nny inventions
heretofore mndo, nor any patents heretofore issued or nl- ,
lowed, nor any. future improvements thereof or thereto fllui
for duplex telcgrnphyj in connection with chemical tolc- ,
grapliy, but all such remain ob the property of said Hnr- jr\ 2/, A/ (7 Hr*, ^ n
rmgton and Edison, mid under tho solo control of snid j. _ *
Harrington, tho snmo as if this Bale, assignment mid deed A
of transfer had not been made or executed. . ***"
In witness whercoi; I. the said George Harrtnet
n.:,d..“Vl10 •*“«««•* attorney' oTlhou
Citj of iJiillii.ioro, State*:./ ' MnrylmS? thU “ini, day
Maicli, one thousand eight hundred and seven iy.Bva?
Guo. Haumkotok, ft..
For myself anil ast/iei/uly, constituted
_ . . Attorney of Thomas' A. Edison, .[t.
onsiderations l do herel.yacknowledgo, r do hereby give
md grant unto Jay Gould, of bho City, County and Stato
Ex’d. F. II. II.
If Jwwtryi, 1S75.
• Edison, rfirrM0?' that. whereas, I, Tliomai
'vented certain iinnrowmil! » of,Nu"'' Jersey, -have
Iplex toleKia|,,||1s,ltho0dcse|0i|l,Uo I,,,11'0? ""Provomeilts in
we been lodged with J \v o 0 8,,"11^ '"odela ot .which
'<1 State ol-JNew-Vork 'LSn ro11, ol;t|.e'Oity, Comity
neats : U,K> fur "bo purpose iof .ojjtuinii.g
'nthig\o°d°apii«nM:wId|i,,J,g0^!®r,0^0J,!c,',’|nprovoineals
' 11 "f which ' I am >akoiit » ''nP « telWvfor
.teat : 0,11 *° "mho npplicatio,,rfoiv)e!tors
0 rewipttrf.^hjJjJ'^'^°j|^®JJ,,r to me in .hand paid,
well. as other .good mnd.valuuUlo
if New- York', full and irrevocable power and authority
o sell, assign, transfer and set over unto any person, per-
ions or corporation any right, title and interest m or to
inv or nil of said inventions, or improvements relating
hereto, or in, to or under any letters patent which may
jo granted to, or at any time may belong to me, relating
o [inv or all of said Inventions or improvements. And 1 1W
lo hereby also give 'and grant to said Jay Gould full and
rrevocnblo power and authority to give or grant nay
iccnsc or licenses in, to or under any or all of said letters
patent, or in or relating to* any or ail of said inventions
ir improvements. . . r „
And I do hereby also give and grant unto said Jay
Gould full and irrevocable power and authority to do and
perform all necessary acts in and about tbo management
[>f my interest in said invention or .improvements ana let-
tors patent, nnd each of them, and in or relating to any u
business that may arise thereunder, hereby uutnorizmg
and empowering him to make and meet business engngc*
incuts and liabilities, and to do tuul pmorm each auci
every act which I or my executors, administrators « •
signs might or could do in relation to the iiiaiingemcut 01
all business transactions relating to said invention*-,
provements or letters patent, or any *>t them. .
And I hereby authorize and empower the said Gould to
demand, sue lor, collect, receive and gtvo acquittance and
relcnseB ill my nnmo or otherwise lor all sums ot n )■ 10.
debts and demnnds whatsoever which are or shall b .
owing or belonging to mo, or detained troni me by nay
person or persons, whomsoovor, and also «t - J A ,
.commence and prosecuta any and all suits or net
law or iu equity in my nnmo for the infringement of smd
letters patent, imd also to sign my nnmo to any
papers necessary for commencing and curry m go
suita or actions, aud ho shall lmve power, lull and inc-
vocablo, in my name, to do and poiforni overy act " 10!
eary and proper in and about said Bints and net' • ,
1 do also hereby autliorizo and empower the w g
Gould to appoint any substitute or substitutes / '1 , hereby
eretion, to do and perform all or any ot tbo acts y
authorized j and I 'do, in such ease, bcweby^co fc npou
sucli substitute or substitutes, each and a 1 “J 1 q 1 w or
which 1 lmvo horohy conferred upon mud Juy »
which mav hv him bo delegated to such substitute or
Articles of agreement, mnde and entered into this in?
nineteenth day of August, A. D. 1874, by and be-
tween .Thomas A. Edison, of Newark, in the State of
New-Jersey, and George B. Prescott, of the City and
State of New-York :
Witnessotli, Whereas, said Edison has invented
certain improvements iu duplex telegraphs, for which
lie has executed, or is about to execute applications
forletters patent of the United States, and such ap¬
plications are numbered 04, 05, 00, 07, 08, 00 and 100,
and are dated August 10, 1874,' and said Prescott is 108
entitled to an equal interest in the same and others
hereafter mentioned :
Therefore, in consideration of the premises, and
the sum of one dollnr in band paid* the receipt
whereof is hereby acknowledged, the said Edison lias
. sold and assigned, and does hereby set over and con¬
vey unto the said George B. Prescott one undivided
half part of the right, title and interest of every i
character, in, to and under and connected with each
and all the aforementioned inventions and letters iqo
patent on the same, when granted, and authorizes and /
requests the Commissioner of Patents to issue the
said letters patent to Thomas A. Edison and George
B. Prescott, as the assignees of snid Edison, for the
use and behoof of themselves and their legal repre¬
sentatives./
And whereas, the said Edison has also' invented
other improvements in duplex telegraphs, the descrip¬
tions of which have been lodged witii George M.
Phelps, for thepurpose of models being constructed, no
it is hereby agreed, that such inventions are included
in this present agreement, and that, wlieii the applica¬
tion for patents are made, the patents to bo granted
in accordance herewith, and that the snidEdison shall
sign the required paper therefor. .
This transfer isuiado on the following terms and
conditions, which are hereby niado part of the con¬
sideration in the promises :
First. That both of the parties shall have an equnl
undivided interest in all letters patent of the United iii
States, or of any foreign countries, which may be
granted for all or any of Bnid inventions, or of any
nm1UnllnPr°(VOnJe"ta tllm'oon raado, by either party
and of all extensions and re-issues of nSy such &
pended si wli*' r",“r Ti’ Elliso,‘ ll!ls iwnstoforo ex-
• ^9^JSS£gaS^*&3Si
patent for a„^«ft^&«c“n'W «f letters
113 th'ereto1 K.°l ZabLd of OrooUiLr 5^““ °"t
>a«n ,?us "or sSi ^ "'il1 Wm«If
right in any wav to , Smilt licenses, nor tlio
>'“e or self a ? of Z ° T !,a'V0 «'am.facture,
movements thereof „ d 'T'1"0113' or :L»y im-
artides cental, V ombodyimr, or
meats, or nrotorWi k.?^ &l1^ ^mjtions or improve-
without the written coiiwnMi °r 1<ittul'3 patent,
party. 11 C0"SBnt «rat obtained of the other
1W «£o? riSt01 tonL°,c» 5" sfliatj»ventions, and
way, shall bo nlade o • thl? uso tho samo »» any
which both parties narco °in Z\’;rXa0pt ?fc il l11’*0® to
‘Is shall be equal v ,?i, all not pro-
hereto. 1 y diuded between tlie parties
{nmjff binding' Sr Sf thn P'oyisipns of this agree-
m ?
sot their lmndsUand’ serUs^th pnr *°s Ilavu hol'onnto
abovo written. euls> t,le day and vem-
Witnesses :
U a Kolb Serkell.
LK-'UJEL IV. SERREht.
Thomas A. Edison, -
Georoe B.Presoott.
F REVOCATION 0
•Commissioner of Patents :
Sir : .Tlioro are on lilo in your oilico certain applU
cations for patents in my name, as sole inventor,
companied with a request
kfSC
. . _ the patents, when
allowed, to myself 'a ml George B. Prescott. . _
I made this arrangement with Hr. Prescott under
an erroneous impression. , ,
On tho 1st October, 1870, 1 mndo a copartnership
contract with Air. George Harrington, and on the 4th
April, 1871, in furtherance thereof, I made to him an
assignment, coupled with ap irrevocable power of
attorney, reciting the main provisions of the contract, 117
both of which are still in full force and effect, where¬
by the control of theso inventions was placed in tlip
hands of Hr. llamngtoip .
Under and by virtue of this power of attorney
and assignment therein, Mr* Harrington claims title
iu these inventions, and objects, and has objected,
to any deviation from the said assignment and power
of. attorney. 1 therefore withdraw my request for
the issue of patents for duplex and quadruples
transmission to Edison and Prescott, and unite with 118
George Harrington in his petition,' this day hied m
your office, requesting tho issue of the letters patent
to Geo. Harrington and myself, in the proportions set
forth in tho power of attorney and assignment of
April 4th, 1871, and the contract therein recited.
Respectfully yours,
Tnos. A. Edison.
Washington, January 23eZ, 1875.
To . the Commissioner of Patents
Your petitionor, a citizen of Washington City ,
District of Columbia, prays
J
•<£' ‘ogssjsar gw
arfnsrc,?” -Ktfeia
120 dated
N°- 05, diffn ,i:t. .
“ % B & p a
IS S £ £ £
1 tilioHor Wafdu! V .wn,1?0!' -1' °f ®M«moy (o your no-'
1871, in O^Vcty
r »«r poiffi; r ii&SfaL* otTn«^s of Patent
paleitf i j { o f 1 l’8 tl'ot ‘lie letters
said tdisou, in tlio inonoi io„ iS"“ J° llimself ‘uirt
th"0s (o llimself !i ,J ! “ " c interests of (wo-
Providedinsaidpolv',0^^ £ S!l‘d .®Hson, ™
» Mid power of aliornn0 Edis°»> ■«
v 01 ••“toniey and assignment.
' ery respectfully',
Cfico. Hakkijcgtox.
10V ®omt
Geoiioe B. Pp.Escorr, impleaded, V
George B. Prescott, for liis answer to tlio complaint
Second. — Denies any knowledge or information suf¬
ficient to form a boliof of any of tlio allegations con¬
tained in tlio third, sixth and' soronth articlos, and in
that part of the eighth articlo ending with tlio words
“ Gold and Stock Company,” in tho 9tli folio.
Third. — Donios all tho allegations of tho fourth and
fifth artiolos, and all the allegations of tho eighth arti¬
cle hoginniug with tho words “Duplox and Quadruples
Telegraphs,” in the 9th folio,
4 Fourth. Admits tlio allegations of tho ninth articlo
except tlmt so far ns the provisions of law thoro ro-
fered to required tho paymont of any foos or moneys
m connection with tho applications tliero inontionod,
ho says tlmt tho truth is that such fees and moneys
wore paid by himself, and in pursuance of tho ngreo-
mont betweou himself and Edison horeinnftor referred
to, nud not by tho dofondnut Edison, and that tho
amounted such fees and moneys paid by him wns the
. Fifth. — Admits that onjtho 19th day of August, 1874
tho defendant Edison did oxocuto and dolivor to him
5 the agreement referred to in tho tenth article, and
alleges that said Edison had full power and right so to
do, and that tho said agreement wns and is a valid
and binding obligation upon the parties thoreto, ac¬
cording to its tonor; and 1m douios that such agree¬
ment was so executed or delivered by said Edison in
violation of any agroemout on his part with said Hnr-
rington, or without his 'consent.
Sixth.— Douios all the allegations of tho olovouth
m ticlo and of that part of tho thirteenth article ending
uiththe words, “said several improvements,” in tho
15th folio, except so far ns they are admitted in the
seventh article lioreof ; and denies any ltnowlodgo or
tQ f0r“ “ belicf ot th0 allegations
of the twelfth and fifteenth articles, except that instru- ,,
ments in tho form sat forth in Exhibits 6 and H re- .
VT’ prior ‘.° tllQ 21at day of March, 1876,
piosonted to the commissioner of patents.
“-d8,10 thar ^legations 0f tho eleventh and
th rteenth nitic os aforesaid, defendant says, on his
JanCT87n5 tb i0tl ‘ ?** *° tho
conS'ol8 Ji5’ tbo commissioner of patents lmd not ■
urtic o nor ‘■j0 .“PP^'OMroforred to in the ninth .
chameter of H “med 0nythinS «*«» «a to tho
character of tho improvomonts doscribod in them, or
ns to tho inventor of the said improvements, or ns to 7
tho issuo of iottors patent for oithor of thorn ; but tho
said commissioner, after receiving the instruments
marked G and H, and after tho 19th day of January,
1875, did first proceed to consider tho applications
filed by Edison, roforred to in tho ninth nrtiole, and
did, on or about tho 20th day of March, 1875, render
his decision as sot forth in Exhibit J annexed to tho
complaint.
Eighth. — Doilies tho allegations in tho thirteenth
article that tho issuo of Iottors patent to himself and
Edison would work irrepnrnblo, or any injury to tho
plaintiff, or any injury which could not bo compensated 8
by damages ; and tho allegation that said improvo¬
monts expedite tho transmission of telegraphic mes¬
sages ; and also tho allegation contained in the last
paragraph of said article relating to tho dofcndant
Sorrell.
Ninth. — Doilies that tho ngreomont betweou himself
and Edison, roforred to in the fourteenth articlo, wns
oxocutcd under tho ndvico of counsol who wns nlso
counsol for tho dcfondnnt the Western Union Tele¬
graph Company’; or that such ngreomont was executed
nndor tho ndvico of counsel for this defondnnt, that
tho ngreomont botwcou Edison nud Harrington, g
there roforred to, did not inclndo duplex and quad¬
ruples telegraphy ; or oitlior of thorn, or that Edison .
was misled into oxccutiug tho said agroemout betweou
him and this defendant by any such ndvico as is
alloged.
He admits that at tho timo referred to in tho 21st
folio ho was tho oloctriciau of the Wostorn Union
Telegraph Company ; that ho did pay tho foos, and
assist Edison as allegod in subdivision 2, down to aiid
including the words “said inventions nud improve¬
ments ” in folio 28 ; tlmt tho "Western Union'Tolegraph
Company paid Edison $5,000 (but not on account
10 of the twenty maohinos referred to in tho 25th folio
and only ns in tlio thirteenth article hereof is more
fully sot forth), and also that tho Western Union Tolo-
grnph Company has manufactured many mnohiucs
embodying tho improvements referred to in tho fifth
subdivision and is now using tho snmo, nnd donios nil
the other allegations of tho fourteenth article.
Tenth. Donios that before the 1st day of July,
nolr nt any.fimo boforo tll° 23d day of January,
1870, he had notico of tho alleged agreements botwoon
liaison . and Harrington, referred to in folio 20, nnd
says that tho Western Union Tolograph Company
1 does claim to bo tho ownor of the inventions nnd im¬
provements mentioned in tho applications there ra¬
ff1'1'0.11 to, and this by virtue of agreements botwoon
itself and Edison, and between itself, Edison and this
defendant; and that tho ngroomout, in virtuo of which
said company becnmo suoli owner, was closed and-
consummated before tho protended rescission by
Edison of his ngroomout with this defendant, nnd bo¬
foro the instruments G audH were Bled in tho United
States Patent Office.
, Elcvcnl/i.—And for a further answer to tho com-
l la t tl dofeudaut says, upon his information and
1 ^ .th 1 f°r “oro tlmu a year nest preceding May,
18,4, the defendant Edison had been making oxpori-
r th° Plu'P°S0 ot improving and adding to tho
oapadtms of tbo so-called Stearns duplex system of
clog inphy and 0f making new discoveries and inven-
ans' “ •POX,tqr‘ll'Upl0S an(1 ot]lor motl8a ot multiple
an m’ssmn of electric signals on the same wire ; that
thes ex! crime ,ts ha 1 been carried on by him under
TolZTn W“h 11,0 tlofon<lant «><> Western Union
comnanv’’ 1,uloi“aft" referred tons “the
S, !0r°^,“ llad bao" “S^ood that all such
eomnanv a? ‘°"i ^ mad° for tlla baaa^ of the said
P y. with the uso of tolographio material,
apparatus, operators and other facilities furnished by 18
it, and that all tho inventions nnd improvements of the
character nbovo named, which should result from such
experiments, wore made for, nnd wore' to be the prop¬
erty of snid company ; nud that from nbout tho winter
nnd Bpring of 1873 until tho spring of 1874, the said
Edison had boon at work upon such experiments, and '
had made certain of tho dosirod improvements and
inventions whilo working under snid arrangement with
tho defendant company.
. During tho month of May, 1874, Edison solicited
this defendant to assist him with his skill nnd expe¬
rience ns an electrician, nnd to join him in his experi¬
ments nnd work under his agreement with tho com- lfj.
pnny, and offered to share equally with this defendant
tho profits to bo dorived from tho inventions nnd im¬
provements mado under such arrangement with the
company nnd otherwise; and it resulted from such
propositions of Edison that on or nbout the first day of
June, 1874, Edison nnd this defendant agreed togotlior
that further experiments of tho diameter, nnd for tho
• purpose, nbovo described should bo prosecuted by
thorn jointly, and that wlintoyor profits should
nccruo from the inventions nnd improvements made by
them or either of thorn during such experiments, nnd
including tho price to bo pnid by tho defendant com¬
pany, should bo divided equally between them ; and
shortly nftor, an ngroomont of this tenor was put into
writing nnd signed by oach of tho said parties . in the
form sot forth in Exhibit E, and was recorded in tho
Unitod States Patent Offico on tho twonty-ninth day
of August, 1874, in Libor E 18, pago G2 of Bogisters
of Patonts. After tbo making of these agreements,
Edison frequently stated to this defendant that he nnd
this defendant wore working for tho defendant com¬
pany on such terms of his arrangement with it ns are
nbovo described, and that all inventions and'improvo-
monts whioh resulted from his . and their experiments,
and especially all of thorn whioh related to duplex or
16 other modes of multiple transmission, word boing 1
for and were to bo tho property of the dofondnul
culsivoly, and that tho defendant company was to
for all such inventions and improvements and lo
patent as might bo procured thorofor, such pric
should bo just. 1
fomln0nt‘“Trvtl10 Said nS1'00'“onts between this
ondant and Edison woro communicated to the dob
ant company at or about their several dates, an
Fresco t i V "' thf°nftor witI' Edison
lof61'ono° to Edison’s agreen:
be°t«lln» 'Tr!1- ^ «W^eb»pa1^l^
-dinveutimLahe0^ £ 7 72 ^727
Edison alo^n in Wm tho P1"™
2^^^.^-Sinss
the service of el! '’ ap|mratu3 Hues, an
ises and its own expense * °" lts owu P10tt
and^vlillfworkhiK ?'™!,somout '««* this dofondanl
m°nt as LeIointLrBet1;rPa“rUPnCl0r h“ «*«
ant becamo Associated with ““‘l nft,°5 ll,,s clofoml
aforesaid, tho dofoudantErli^ "'!tlor,hls agroomont!
ahlo improvements dio °n did mako cortnin valu
neotod with du ‘ ‘8’ ttud ^outions con.
“uplex and quadruples and other modes
of multiplo transmission ; and during this poriod, and 10
boforo tho nineteenth day of August, ,1874, had in¬
vented tho so-called quadruples mode of transmission,
and all tho improvumouts described in tho applica¬
tions Nos. 94 to 100, both inclusive ; and beforo tho
30tli day of September, 1874, ho furnished, jointly ivith
this defendant, to tho company all necessary drawings,
descriptions, uud spccilicntious for experimental or
practical uso by it of apparatus embodying tho
snid inventions described in the applications num¬
bered 94 to 100, both inclusive, and particularly tho
quadruplox invention and tho improvements described
in application No. 99. And tho defendant company,
under Edisou’d direction and assistance, during tho ,,g
months of September and October, 1S74, constructed
many sots of machines mid apparatus embodying many
of said improvements and inventions, and particularly
tho quadruplox and tho improvements described in np-
plicntion No. 99, and with tho full knowledge and con¬
sent of said Edison put thorn into practical uso oil
its lines and in its ordinary business, as boing its
own property, mid such uiacliinos and apparatus
havobcou so used by tho defoudnnt company ovor
Binco that time with Edison’s full knowledge and con-
sont.
And defendant says, upon Ins information and belief,
that all tho uinttors aforesaid iu respect to tho dis-
cpvorics by Edison, and tho appropriation; with hisknow-
ledgo and consent, to tho uso of tho defendant company
of tho nppnratus and machines, and tlioimprovonionts
and inventions embodied iu them ns boforo described,
woro well known to Uils 'plaintiff and to George Har¬
rington at or about tho dates of said sovcrnl ovouts,
and that noitlier of thorn beforo January tho twenty-
third, 1875, ovor questioned, or claimed anything to
tho coutrary of, Edison’s or of dofondnnt company’s
right to do ns tjioy respectively bad douo, as aforesaid.
Aid’ tho dofondaut further says that after his
dealings witli Edisou began, in or about May, 1874, aud
throughout that year to its ond, Edison of toil roitoratod
•***> ■ ■ ■ T ■' '■ •■ ■■ ,
8
22 the naturo and terms of his ngroomont with tho do-
fondant company to tho samo effect as is set forth
in folios 12, 13, 16 and 16 hereof ; and aftor tho
agreement of August 19tb, 1874, this dofondunt and
Edison on tho one part, aud the defondant company
on tho other part, always dealt togotlior on tho under¬
standing and basis of 9uch agreement, and at all
times, aud up to and after tho 20th January, 1876, it ’
was agroed and understood by this dofondunt and
Edison on tho one part, and tho 'defendant company
on tho other part, that all the inventions of Edison in
connection with duplex aud quadruples telegraphy or
other modes of multiple transmission, and especially
23 of tho inventions described in tho applications Nos. 94
to 100, both inclusive, reforrcd'to in tho ninth articlo of
the complaint, hnd boon made for and bolonged, upon
their making, to tho defendant company, and that Ed¬
ison was bound under his original agreement, and this
defondant was bound with him by virtuo of thoir
agreement of August the nineteenth, 1874, to Becuro
all said improvements and inventions by proper instru¬
ments, and by assignment of letters patent thorofor,
when procured, to the defendant company.
And this boing tho agreement and understanding of
all the parties, and there boing no point undetermined
botweon thorn in respect to said inventions and im-
24 provoments and letters patent, except tho ascertaiuiug
the preoiso amount to bo paid for thorn ; and it having
been also understood and agreed that this should bo :
ascertained in due timo oithor by ngreomont of the
parties, or, if that failed, by arbitration — on tho tenth
day of December, 1874, tho said Edison, and about tho
sixteenth day of January, 1875, this defendant, askod
1 and received, of tho defondant oompany tho respective
payments of fivo thousand dollars eaoh, in anticipation
of the fixing of the definite price aforesaid, and on no-
count thereof, and then severally oxcautcd and delivered
to tho defendant company tho instruments, copies
whereof aro hereto annexed marked Exhibits A and B
9
And on the sixteenth and thirtieth days of Decem¬
ber 1874 this defendant and Edison submitted propo¬
sitions in writing as to tho amount of such price,
copies whereof are hereto annexed marked Exhibits
0 and D; and the last of said propositions remain¬
ing open up to the 19th of January, 1876, and
the agreement and understanding of Baid parties, as
to tho exclusive right aud ownership of the company
in ond to all tho inventions und improvements there¬
tofore made by said Edison connected with duplex
and qnadrupiox telegraphy, remaining as aforesaid
on said 19th of January, 1875, said company acceptod
tho second of said propositions submitted by the offor
of December 30th, and so notified this defendant and 26
Edison. And this defendant has ovor since that time
always been and now is ready to make a l proper and
necessary instruments to seouro tho title of said im¬
provements and inventions to. the defendant company
in virtuo of its said agreements with Edison, and with
Edison and this defendant.
Twelfth. — And for further answer this defendant
says that Edison had full power aud right to make 4 ho
agreements, and especially the agreement of ^ug'Urt
19th, 1874, which he did mako with this defends ,
and that neither at that date, nor at any 8 ,
the 1st January, 1873, did any auoh agreement as that ^
referred to in the third article of the complamh pr
plaintiffs- Exhibit A, exist between Ecbsonand Har-
rington ;'and that no such instrument ns
in the fourth article of the complaint was execut 1 by
Edison, either to fulfill or to cany out sue ^ alleged
agreement of Ootober 1st, 18 0, ^tW»ote
agreement between Edison and any t P ,.
bade or invalidated any snob agreements as Edison
made with this defendant ns herein alleged.
And the defendant further alleges that neHhmof
tho alleged agreements Bet forth in plaintiff
Exhibit A.
10
Mbits A and B, contomplnto or covor any inventions
or improvements known ns duplox or qnndruplex sys¬
tems or modes of transmission, or any oilier modo of
multiple transmission, or any of tbo inventions or im¬
provements, described in tho agreement of August
19th, 1874, mndo by Edison sinco January, 1878, or
any of those dosoribod in the applications numbored
94 to 100, both inolnsivo, referred to in tho ninth nrti-
ole of tho complaint.
Wherefore, this defendant demands judgment that
the oomplnint be dismissed.
Porter, Lowrey, Soiien & Stone,
' Attys. for deft. Prescott.
State op New York, )
City and County, of Now York, |ss- : . ■' ^
George B. Prescott, being duly sworn, says : that ho
is the defendant abovo named ; that tbo foregoing an¬
swer is truo to his own knowledge, oxcept ns to tho
matters therein stated on information and belief, and
that as to those matters iio believes it to bo true.
Sworn to before me, this 1 yO „
yJH ay of May, 1879. f
Notary Public,
N.Y.Co.
PRELIMINARY RECEIPT.
N. Y„ Deo. 10, 1874.
Whereas, Thomas A. Edison and Georgo B. Pres¬
cott nro tho Inventors of certain improvements in
Telegraphy, minting to Duplox and Quadruples tele¬
graphing, for which Lotters Patent of tho TJiiitod
States have been nppliod for by said Inventors ; and
Whereas, said Edison and Prescott linvo agreed to
assign all their right, titlo and interest in and to said
Inventions and Letters Patent to the Western Union 82
Tolograpli Company, provided tho torms of payment
for such assignment und transfer shall bo satisfactorily
adjusted between tho said parties and tho said Tele¬
graph Company r
I, tho said Thomas A. Edison, hereby acknowledge
tho receipt of Gvo thousand dollars, to mo in hand paid,
in part payment for my interest in tho said assignment
and transfer.
Witness my hand and seal this tontli day of Decem¬
ber, 1874.
Tnoanvs A. Edison, [l. s.]
Witness, 33
A. R. Brewer.
City and County of Now York, ss.:
On this 21st day of January, 1876, before me per¬
sonally appoarod A. R. Brower, to mo personally
known, and known to mo to bo tho subscribing witness
to tlio foregoing instrument, who, boing by me duly '
sworn, said that ho resided ' in tho oity of
Brooklyn, in' tho State of Now York ; that ho
was acquainted with Thomas A. Edison, and
know him to bo the person described in and whp
executed said instrument; and that ho saw him
exeoute and dolivor the same ; and that ho acknowl¬
edged to him, said A. E. Browor, that ho executed and
delivered the same ; and that thereupon he, said A. B.
Brower, subscribed his name as a witness thereto.
H. M. Haim,
Notary Publio, N. X. Co.
B. H. Boohebteb, 37
Treasurer.
On the delivery to you of this paper, pay George B.
Proscott tho sum of five thousand dollars ($5,000).
(Signed,) William Outon,
President.
January 10, 1875.
Beceivod fivo thousand dollars, Now York, January
16, 1875.
(Signed,) GEonaE B. Pbescott.
Exhibit B.
35
PEELIMINABY EEOEIPT.
New XorR, January 1G, 1875.
Whereas, Thomas A. Edison and George B. Prescott
are tho joint owners of certain improvements in tolo-
graphy, relating to duplex and quadruple! tolegrnph-
mg, for which letters patent of tho United Stntos havo
been applied for by said Thomas A. Edison ; and
Whereas, said Edison and Proscott have agreed to
assign nil their right, title and interest in and to said
inventions and lotlors patent to tho- Western Union
36 ®jloSraPl1 Company, provided tho terms of pnymont
for such assignment and transfer shall bo satisfactorily
adjusted botweon tho said parties and tho said Tolo-
graph Company.
• I, the said Georgo B. Prescott, hereby acknowledge
the receipt of fivo thousand dollars to mo in hnnd paid,
m part payment for my interest in tho said assignment
and transfer.
uary 1876 ^ lm“a and 80ftl tbis sixteenth day of Jan-
Witnoss- (Signed) Geohoe B. Pbescoit.
(Signed) Geiiiut Smith.
Paid, Januaiy 1G, 1875, by
E. H. Eoohester,
Treasurer.
Exhibit C.
New Xouk, December 16, ’74.
Hon. Wm. Outon,
Frost. W. U. Tol’gli Co.
D’r sir, — Your company has now ovor 25,000 miles
of wiro, which can now bo profitably “ Quadruplexod.”
Considering tlioso 25,000 milos to be alroady Du¬
plexed, the Qundruplox will creato 50,000 miles addi¬
tional.
For nil our pntonts, and offorts in protecting tho com¬
pany in the monopoly of tho snino during their life, wo
will take 1-20 of tho average cost of maintenance of
50,000 miles of wiro for 17 years, one-third down and
tho balanco in yearly payments during the above men¬
tioned period. “ Half of suoli payments to cense the
momont any other porson shall invent and put into
practical operation a quadruple! (not infringing onr
pntonts), upon n oirouit of 400 miles in length.”
Yours, eto.,
(Signed) Tnos. A. Edison.,
Geo. B. PitEscorr.
14
40 Exhibit D.
Two propositions :
1st. "Wo will take twonty-fivo thousand down and
twonty-fivo thousand in six months for nil Patents,
and a royalty on duplex of $166 por year for each cir¬
cuit created.
2d. 'We will take twenty-five thousand down for
all patents, and a royalty of $283 por yoar for oncli
circuit oreatod.
Stojjfrior Court of offdu |oiiu
Tiik Atlantic and Pac
(iKAi-ii Com pan
Gkouoe B. Piussoott, Tin: Wkstkiin
Unton TKr.KditAVii Com pax y, Lem- j
uel W. Sun hem., and Tiios. A. Edi- I
l'. Tlie defendant, the said Thomas A. Edison, an¬
swering the complaint herein, admits that the plain¬
tiff is a corporation, as alleged in the said complaint ;
and that the defendant, The Western Union Tele¬
graph Company, is also a corporation, as therein
alleged ; and this defendant also admits the allega¬
tions in' paragraphs 3, 4 and 5 of the said complaint, 4
subject to the explanations and qualifications here¬
inafter stated.
6 And this defendant admits that on the 1st day of
October, 1870, he made and entered into a contract
with one George Harrington, as alleged in the com¬
plaint.
And this defendant says that the said Harrington
and his associates thereafter and uj> to the 19th of
August, 1874, and afterwards, expended through,
this defendant and under his directions large sums
g money in developing this defendant’s inventions
in and relating to Electric Telegraphy, including his
inventions in Duplex and Qundruplex Telegraphy.
And that on the 4th of April, 1871, thisdefendantexe-
cuted and delivered an assignment, with a power of
attorney, to said Harrington, as alleged in the said
complaint. And this defendant says that, the said
Harrington held the said assignment and power of
attorney as a trustee for the benefit of tills defend¬
ant, jointly with the said Harrington and various
1 * is 1 , supplied the greater part of the funds
expended in developing the said inventions.
2. The title in and to the patents for said inven¬
tions was vested in the said George Harrington and
this defendant in the proportions of two thirds in
thu said George Harrington, and the remaining one-
third m the said T. A. Edison. And thesaid George
Harrington hold the title to and power to dispose of
tin. said patents and inventions, so as to preserve
tlie unity of the title thereto.
And it was originally understood and agreed that
the saul patents and inventions should be held by
the said George, Harrington in trust, to be disposed
ol.foi* the benefit of his said associates, in eonjunc-
tion with himself, in certain shares and proportions,
such trust being deemed necessary by the said Har¬
rington, and his associates, and this defendant, to
avoid thu great difiiciilties, loss, damage and injury
consequent upon thu legal exercise of thu power of
disposition held by any one of several parties jointly 9
holding the titlo to a patent for an invention.
And it was agreed by and between thu parties
aforesaid that tho said patents and inventions should
be sold and transferred to a. telegraph company or
companies, in consideration of money or stook, or
royalties, to be distributed amongst the said George
Harrington, this defendant, J. C. Keiff, John Mc¬
Manus nnd others, their associates as aforesaid, ac-
cording to their several shares, rights, and interests
therein.
And the said patents and inventions have always
been held by the said George Harrington in trust
as aforesaid, and lie lias at all times recognized that
relation and acted accordingly, and has in conse-
qence thereof, been intrusted from time to time by
his said associates with the possession of large sums
of money, amounting to some hundreds of thousands u
of dollars, to be disbursed by him in and about the
purposes of the said trust. And this defendant has
from time to time taken out many patents in the
names of himself and the said Harrington, 011 the
faith of the said trust, and the due performance
thereof. And the said Keiff, McManus, and Harring¬
ton, nnd their associates, have supplied the funds to
pay for the said patents, and for models and draw¬
ings, and fees of patent agents and' solicitors, and
have paid the expenses of experiments to test, the 12
inventions.
3. By a certain memorandum of agreement bear¬
ing date noth December, 1874, under the hands of
Jay Gould, the said J. 0. Keiff and John McManus,
it was declared that it was thereby understood
that they should heartily co-operate in concluding
an alliance between the Atlantic and Pacific Tele¬
graph Company and the Automatic System on the
basis therein mentioned. And it was therein men-
13 honed flint the price to be paid for tlie patents for
the Automatic System, contracts, &e., should be
40,000 shares of the stock of the said company.
The si 1 mini i with the propositions
therein contained, approved and confirmed by the
said George Harrington and his associates.
4. It was understood and agreed by and between
14 hie said Keiif and McManus and Gould, that the
said proposed sale to the Atlantic and Pacific Tele¬
graph Company for the said 40,000 shares of stock,
should embrace certain patents for this defendant’s
inventions m Electric Telegraphy, which are speei-
ieiL ni certain deeds dated respectively 1st January,
187o, and nth April, 1870, purporting to be tnins-
iers hy said Harrington to said Gould, and which
deeds were delivered to said Gould for a special
purpose, as hereinafter mentioned, and that said
15 *!"° H,,0ldd diso embrace certain patents and inven-
ons °f .George Little, in or relating to chemical
automatic telegraphy, and also a certain telegraph
line from Lew York to Washington, with its offices
•mil appurtenances.
The said The Automatic Telegraph Company held
U3 said line of telegraph under a certain contract
tor the purchase thereof by them from tile National
in f,?k‘g''ai," Coml>imy, and also held the right to use
r e smd patented inventions of the said George
w tie, under contract with the lust-named company
for the purchase thereof.
,jVld tl;u Automatic Telegraph Company also
IT . vfld>ld revocable license from the said George
to i,‘n? 0n> ')’tb tbe llss,:nt of life said associates,
to use the said inventions of this defendant upon
1-S1 r^U8ml,hline- And this defendant np-
. l,'-‘ snid biu'Sain 11Ild of the apportion-
f of lhe s,dd stock, ns hereinafter mentioned.
f,. Shortly after tlie said agreement of SOtli De- 17
cember, 1874, was entered into as aforesaid, it was
arranged by and between the said George Harring¬
ton and his said associates and tlie said Jay Gould,
that the said 40,000 shares to be paid for tlie several
properties aforesaid, should bo divided and appor¬
tioned as follows, viz.: that 81,800 of the said shares
should be paid for the said patents and inventions
of this defendant, and 8,200 of the said shares for
the rights, titles, and interests, as aforesaid, of the
Automatic Telegraph Company and of the National 18
Telegraph Company, and or the said George Little
and' liis assigns.
ft. It. was arranged by and between the said
George Harrington and liis associates, and tlie Au¬
tomatic Telegraph Company and tlie said Jay Gould,
that the Atlantic and Pacific Telegraph Company
should have the l ight to purchase the said property
on tlie terms aforesaid, and should be let into pos- ^
session of the said telegraph line and offices, and
have temporarily tlie right to use the said inven¬
tions upon their telegraph lines, until the comple¬
tion of the said purchase.
7. And this defendant admits that on or about
the 1st day of January, 1875, tlie said Geo. Harrmg-
ton on his own belmir ind is attorney to th a
defendant executed and delivered to J. &ould
deed of assignment bearing date that day, of winch 20
a copy is annexed to the said complaint.
And this defendant says that the said d,®d dld®d
1st January, 1875, was made maccortoicevi t he
said agreement of 80tli December, 1874, and in the
expectation that tlie bargain thereby pmposea vv o Id
be promptly fulfilled, and upon thes pae Go at
such transfer conditionally vosUuK « i *»d
Gould for the benefit of the intended puicluisei,
die Atlantic and Pacillo Telegraph Company, would
21 strengthen tin; case against The Western Union
■telegraph Company, which company falsely claimed
to have made a contract with this (defendant for the
purchase of the said inventions from him.
8. It was not understood and agreed by and be;
tween the and Harrington and Gould upon the treaty
Gnnm Sa'd d,eed ?f lst January, 1875, that the said
as “5 t*le nominal consideration of one
23 ' T1 m rho said aeed, to become the owner
T' inventions in duplex and quadruple*
ehgraphy for lus own individual benefit. Nor mis
understood and agreed by and between them that
“d Harrington should undertake to sell and
1 ‘ "j, Si,.ul inventions without receiving any
oiisideintum therefor for the benefit of this defend-
nssn * f Si"fd ,Rellr a,ld McManus and others, the
the oii • °.r, H'e SUid Harrington, who had supplied
■}. “'P1!* Part o|- the funds required for and
2a usui m the development of the said inventions.
b„K R!‘tu U ";a» understood and agreed bv and
when t e le-SiiUi Harri,lgton aud Gould, before and
c l ed H Saul1deea °X l8t Juuuury, 1875, was oxe-
Conm,„t lati th?1Atlantic »»d Pacific Telegmph
S2? :S 0UlabtVe benefit of the transfer
rnentim, 1ade> uPon l,ie completion of the bargain
1874t wvV" ‘ f SUid “ficocment of 30th December,
24 this dl, 1lLTb.ra,!eda11 the Mentions made by
wlmt is commonly known as
annliuihle « Xe ®®l1lpliy, and all his inventions
in *dimi 10-,eto» and embraced the said inventions
beimSinn^ T",d,'U1>lex to!egiupliy, tlie same
e»ig applicable to Automatic Telegraphy.
defen,WS?ilemad,en8 hereinafter mentioned by this
dehindm tl, rough said Gould, his attorney, to
tmnsfm e M •ttSviateUdod t0 be. «nd '« in fact, a
P reeds of d10nd,mt’s sl,a>-e °f one third of the
I cuus of any sale or other disposition whichmight
be completed by the said Harrington under the said 25
trust and power hereinbefore referred to.
11. And this defendant, further answering, ad¬
mits that lie did, ns alleged in the 7th paragraph
of the said complaint, on the 4th January, 1875,
execute and deliver to the said Gould an irrevocable
power of attorney, of which a copy is annexed to
the said complaint.
26
12. And this defendant admits the allegations
contained in the 0th, 10th, lltli, 12tli, 18th,' 14th,
lfitli, 10th mid 17th paragraphs of tin; said „o...-
plnint, except that part of paragraph 13 which re¬
lates to I,. W. Serrell, and which this defendant
denies. And except that part of said, paragraph 16
alleging that the Western Union Telegraph Com¬
pany closed or consummated the alleged agreement
therein referred to. And this defendant says that ^
eucli alleged agreement was not closed or consum¬
mated at all. And this defendant also admits that
barograph 8 contains a correct description of duplex
and qundruplex telegraphy, and the meaning of tlie
word “ fast” as applied to tlie same, and its applica¬
bility to the automatic system of telegraphy.
And this defendant says that he made the contract
with the said Prescott, dated 10th August, 1874, in
consequence of mistakes made mutually by himself 28
and the said Prescott, in regard to the true contents
of tlie skid deed of 4th April, 1871, and tlie legal
effect- thereof.
13. The said George Harrington being in ill health
and about to leave the United States, it was deemed
prudent and advisable to obtain from him a transfer
of the patents and inventions of this defendant
hereinafter referred to, ready to take effect upon
the completion of the said proposed or intended
I.urclins.! by tlio Atlantic and Pacific Telegraph
Company, and also a transfer from the Automatic
telegraph Company of its rights and title as afore¬
said, unto the Atlantic and Pacific Telegraph Com¬
pany, to be delivered upon the payment by them of
the said 31,800 shares, and 8,200 shares of stock,
winch they could not under their bv-Inws issue
without a compliance with certain provisions therein
which involved considerable delay.
And accordingly, on or about the 0th day of
Apr’i, 187o, file said George Harrington, in the
.1 .and expectation that the said proposed bar¬
gain, made on the 30th day of December, 187-1, would
lie fulfilled by the saiil the Atlantic and Pacific
telegraph Company, did individually andasattor-
ney for this defendant, execute a certain deed Inur¬
ing date 0th April, 1875, purporting to be an assign¬
ment to the said Jay Gould of the patents and in¬
ventions of this defendant therein referred m. for
the nominal consideration of one dollar.
And the said deed was, by an instrument in writ-
f w e'' ,mnd llud of this defendant, bear-
g date loth April, 1875, approved, ratified and
confirmed by this defendant.
14. 1 he said George Harrington, on the 10th day
I’1’.?875’ 1"lnded the said deed of 9th April,
r h S1‘,rt Jay «0|ild, as a trustee or agent
will ei 71tl,l'ltic ,,,,d Telegraph Company,
dral.,i ? o' the Sllid Guo'B« Harrington ad-
dassal to the' said Jay Gould, and signed by the
s m George Harrington, requesting him to withhold
the said assignment until the Atlantic and Pacific
le egraph Company, should deliver to him, the
ei ( Jay Gould, 31, 800 shares of the stock of the
said Company and then to deliver the said assign-
noiit to them And in and by the said letter the
said Jay Gould was directed to hold the said 81,800
9
shares of the stock, to be delivered to the said 83
George Harrington, J. C. ReilT, John McManus
and others named therein, m the shares and pro¬
portions tliurein mentioned.
If). The said Jay Gould did not pay, or premise
or agree to pay, to the said George Harrington, any
consideration whatever for the said assignment to
the said Jay Gould of the said patent rights held
by the said George Harrington in trust as aforesaid. g4
Nor did the said Jay Gould pay, or promise, or
agree to pay, to the said Thomas A. Edison, any
consideration whatever for his said ratification there¬
of. Nor did the said Jay Gould promise or agree
that the Atlantic and Pacific Telegraph Company
should pay any consideration therefor. Nor did
the Atlantic and Pacific -Telegraph Company pro¬
mise or agree to purchase the patent rights and in¬
ventions embraced in the said deed of 9th April,
1875, for any price or consideration, lint it was gg
understood and agreed by and between the said
Geoige Harrington anil his associates and the said
Jay Gould that the Atlantic and Pacific Telegraph
Company should have the right to purchase the
same upon payment of the consideration specified in
the said letter of the 10th April, 1875.
10. When the said Jay Gould entered into the said
contract, dated December 30, 1874, lie was tally
aware of tlio rights of the said J. C. Iteitf and John 36
McManus, and their associates having had direct
notice thereof from the said J. C. Koiff and John
McManus, and from the said George Harrington, and
otherwise. And the said George Harrington, on or
about the 12th day of January, 1875, wrote a letter
to the said Jay Gould, referring to the said contract
of 80th December, 1874, and expressing lus, the said
George Harrington’s, approval thereof.
And the said letter of instruction, dated 10th
37 April, 187 5, written by the said George Harrington
to tile said Jay Gould, and delivered to him ns
aforesaid, with the said deed, dated Oth April, 1875,
was drawn up with the consent and approbation of
the said Jay Gould, and was received by him, with
the said deed, upon his promise and undertaking to
abide by and follow the terms, stipulations, con¬
ditions and directions therein contained.
17. The plaintiiT had, prior to taking any action
in regard to the said patents and inventions, and the
said telegraph line from New York to Washington,
and the business thereof, full and direct, as well as
constructive notice of the facts and circumstances
aforesaid in relation to the said agreement of 30th
December, 1874, and the said deeds and tin1 said
18. It was assumed by the said Harrington and
39 us associates, and by the said Jay Gould, that the
bin-gain specified in the said agreement, dated 30th
December, 1874, would be consummated, and ac¬
cordingly the plaintiff was put in possession of the
property agreed to be sold to it us aforesaid.
19. The Atlantic and Pacific Telegraph Company
have been applied to frequently by the saidJ. C.
,i‘' *or himself and his said associates, to com-
40 1 i,te , , 8a'd bargain and to pay the consideration
called for by the said deed of Oth April, 1875, and
the said instrument of writing delivered therewith
to the said Jay Gould; but the said company, by
ito officers and agents, have, from time to time set
up various reasons and pretexts tor delaying and
postponing suoli settlement, sometimes pretending
Hint they would settle as soon as Mr. Eckert, the
president of the said company, should recover from
his sickness, and be able to attend to business ; and
at other times pretending that they were waiting
tor Mr. Harrington and his associates to preform
their part of the contract ; but at last, and when 41
these pretexts could answer no further purpose,
'the said Atlantic and Pacilic Telegraph Company,
by their President and other officers of the said
company, declared that the said company would
not complete the said proposed purchase without a
large abatement of the price.
And the Atlantic and Pacilic Telegraph Company
having declared that they will not pay the consider- ^
ation agreed upon this defendant claims and innate
that the said transfers from the said Harrington to
the said Gould are inoperative and that the plaint ff
has no equitable title to the said inventions, and
nas no right to maintain this action.
20. And this defendant further, answering, says
that being entitled, as aforesaid, to one third pin t
share of the beneficial interest in tin said unc
of duplex and quadruples telegraphy muhn the
provisions of the said deed of 4th April, : , >
defendant, authorized the said Jay C<ml
and transfer the same tor 830,000, to S. M. Mil , and
accordingly this defendant gave to sail ’
above mentioned, a power of attorney, dated 4rii
January. 1875, authorizing him to sol and rai wfO;
allot this defendant’s right, title, and.nte^tinoi
to the said inventions in duplex and quad... plex
telegraphy. 44
And this defendant thereuponreceivedfromthe
said Gould the said sum of 830,000. ’ And l e said
Mills by deed dated, 11th January, MW. “J
recorded until April, 10, 1875, transfernkl «U lus
rights, title, and interest in and to the said
unto the Atlantic and Pacific Telegraph Company.
21. And this defendant, further answerii^jys
that the saiddeed dated Oth March, 1875, .efe.ied
1
12
13
45 in tlie sixth paragraph of the complaint in this rase,
and purporting to ben transfer from said Harrington
to said Gould of the said inventions, was made, as
appears on the face of the said deed, merely for the
purpose of correcting a verbal error in the former
deed, dated 1st January, 1875.
City and County of New York, ss :
Thomas A. Edison, the defendant above named,
being duly sworn, says that the foregoing nnswei is
true except sis to those matters therein stated on
Station and belief, and ns to those matters he
22. And this defendant denies the allegation in the
complaint, that the said Gould did, in consideration of
46 the said assignments, to hint by the said Harrington,
dated 1st January, 1875, and 9tli March, 1875, pay
and deliver to the said Harrington a valuable and
lit consideration for the same. And this de¬
fendant denies that those deeds were ratified and ap¬
proved by Him for any purpose or object other than
the purpose and object hereinbefore stated. And
this defendant says that it was understood and
agreed, by and between the said Harrington and
Gould, that the said deeds were not to become
47 operative until the Atlantic and Pacific Telegraph
Company should pay the consideration for the same
stipulated as aforesaid.
Sworn to before me this 1
day of 1876. f
23. As to the allegations of the said complaint not
herein expressly admitted or denied, this defendant
has no knowledge or information sufficient to form
a belief.
ii~S£S$S!«
fjl. f}.. jfcijrerwr Cfltttl
Tnc Atlantic & Pacific Tele-
g HAITI Co.
, Answer of the
■ Wes tom Union
Tiie Western Union Telegraph ToleeraP'1 Co-
Company, impleaded, &e., and
The defendant, tho Western Union Telegraph Com¬
pany, for its answer to tho complaint herein :
First. — Admits the allegations contained in the first
and second articles thereof.
Second. — Denies any knowledge or information sulfi-
.cient to form a belief of nny of tho allegations con¬
tained in the third, sixth and seventh articles, and in
thnt part of tho eighth article ending with tho words,
" gold and stock company,” in tho 9th folio.
Third. — Denies all the allegations of the fourth and
fifth artioles, and all the allegations of the eighth
10 oott did pay the fees and assist Edison as alleged in '
subdivision 2, down to and including the words " in- ‘
ventions and iinproromonts'1 in folio 23 ; that it paid
to Edison $5,000 (not on account of tho twenty
machines rofarrod to in tho 25th folio, bnt only as in tho
thirteenth article hereof is moro fully set forth), and that
this defendant has manufactured and is using many
machines embodying the improvements referred to in
that this defendant or said Prescott refused to rece
suoli sums of money, or any part thereof, alleged
have been so offered by him.
Twelfth. — And for furthor auswer the defendant si
that on tho 4tli day of April, 1871, no such agreem
ns that referred to in tlio third article of the compln:
16 benefit mid uao of tho dofondant; and on its part tho de¬
fendant agreed to furnish to Edison facilities and material
for tlie prosecution of such experiments, and the dovel-
opmentfor practical uso in its business, of all his discov¬
eries and inventions which should result therefrom : and
itwns at the same time further agreed by both said par¬
ties that all such experiments and discoveries, anil all
tho improvements and inventions which should result
therefrom, and especially ail of those which related to
duplex or other modes of multiplo transmission, should
be made for tho defendant and Dot for said Edison ;
that all such improvements and inventions should,
upon the making thereof, bo tho property of the de-
17 feridant exclusively, and thut whatever letters pntent
for them the said Edison should bo entitled to by
law, as inventor, should bo applied for by him and be
transferred to the defendant; and thnt for nil such
inventions, improvements and letters patent ho should
receive such price as should bo just, nnd the amount
thereof should bo ascertained in due time either by
agreement of the parties, or if that failed, by arbitration.
These terms of the said agreement between the de¬
fendant nnd Edison wore repeatedly confirmed by
them during the years 1873 nnd 1874 nnd up. to tho
20th day of January, 1876. And this defendant and
Edison, up to tho time of tho agreements with Pres¬
cott as hereinafter set forth ; and after these ng —
ments, this defendant and Edison nnd Prescott, t
together in respect to all of Edison's experiments,
provomonts and inventions connected with duple:
qundruplox telegraphy, on tlm basis and in pursm
of such terms of said original agreement with Ed
as are nbovo sot forth.
In pursuance of this agroomout tho said Edison
gnu his experiments in or about the month of Eo
ary, 1873, and continued them from time to time
mg tho greater part of thnt year, and into tho wi
of 1873 and 1874; and at his reouest. and f
>bout the month of February, 1874, and throughout
;hat yonr, the defendant furnished to him larger facil¬
ities in material, the use and scrvicoof its lines, oper¬
ators, workshops, machinists and othor employes, nnd
especially in tho assistance of its electrician, George
B. Prescott; and during this period nnd before Sop-
tombor, 1874, Edison hud made certain of the desired
about June, 1874, tho said Edison t
igrccd jointly fwith this defendant to j
io condition of Edison’s agreement witli
d.
out the 1st day of June, 1874, and conti
until after the 10th day of August, 1874
12
34 their pretended title to the inventions involved in this
eotion.
On the 28th day of January, 1876, tho defondant
Edison, having over since said 20th day of January
kept himself concealed, so that no tendors of any sort
on the part of this dofondiint might be mado to him,
this defendant demanded of Prescott a conveyance to
it of tho interests agreed to bo conveyed to it by said
Prescott and Edison, and then tendered to him tho
money stipulated for by tho offer ' of Decomber 80,
and offered to oxecuto a’ proper agroemont securing
the royalty also provided for by that offer; thereupon
the said Prescott declared his willingness to sign and
gg execute all necessary instruments to seouro to this de¬
fendant the inventions aforesaid and letters patent
therefor, and to accept said money and agreomont
for the royalty; but that as the agreomont between him
and Edison required tho joining of Edison in such as¬
signment, and Edison refused so to join with him, no
such instrument could bo effectually made.
Fourteenth. — And the defendnut further says, upon
its information and belief, that beforo the dates or mak¬
ing nt any time of any of the pretended agreements
between Edison and Gould, or Harrington and Gould,
which nro alleged in tho complaint, tho snid Gould
3q was folly informed of Edison’s then existing agreement
with this defendant, and also of his agreement with
Prescott, all ns lieroinboforo sot forth; and of all
his relations with this defendant and Prescott, in
virtue of said agreements ; and was also informod, at
or about tho several dates of suoh ovonts, of the pay¬
ments to himsolf and Presoottof the respective sums
of $5,000, on account of the price to bo paid by this
defendant for his inventions and patents; and of the
- execution and delivery of tho instruments marked
Defondant’s Exhibits A, B, 0, D nud E, copies of each
of which were also delivered or exhibited to snid Gould,
at or about their several dates ; . and also, that this do- '
13
fcndnnt was, by virtue of its said original agree¬
ment with Edison, and of the subsequent agreements
between him and Prescott, the owner of inventions
in duplex and quadruplex telegraphy made since
January, 1873, and entitled to Letters Patent there¬
for, and particularly of those mentioned in the ap¬
plications Nos. 04 to 100, both inclusive, involved in
this action ; and that all these tilings were fully
known to said Gould before December 31, 1874, ex¬
cept the letter of January 10, 1875, and that that
was known to him at or about its date, and that all
of them were known to him before the execution or
. delivery to him, by said Harrington and Edison, or
either of them, of any such instrument, falsely pur¬
porting to have been executed on or about January
1, 1875, or such instrument, said to be dated March
0, 1875, as are referred to in the 0th article of the
coinphiint; and before the execution or deliveiy
to him by said Edison of any such instrument of
January 4tli, as is referred to in the 7th article of
the complaint ; and before lie paid any money either
to said Harrington or Edison, in consideration of
either of such instruments, or on account of the
inventions or patents in either of said instruments
referred to or alleged in the complaint.
The defendant further alleges that the said Mills
was before and at the time of the alleged assignment
to him of January 0, 1875, m intimate conlideutial
relations with said Gould, and in virtue of this, and
as his broker and otherwise, was accustomed, upon
an understanding to that effect between them to make
transactions and advance moneys in his own name
but for Gould’s account and benefit ; that any such
assignment to Mills as that alleged in the seventh
article was taken in virtue of the conlideutial rela¬
tions and understanding aforesaid, at Gould’s re¬
quest and for his puiposes, and as the intermediary
between Gould (acting in the name of Edison)
and The Atlantic and Pacific Telegraph Company ;
for the accommodation of both, and at their request,
and not for himself ; and with notice on the part of
14a
53 Mills of all the matters relating to the dealings be-
tweed Edison and this defendant or Preseott which
are above set forth in this article ; and if he paid
any consideration for such assignment, which this
defendant upon its information and belief denies,
without paying any such consideration for his own
benefit but only on C-tould’s account, and in virtue
of his relations aforesaid, and on the understanding
that whatever advance was so made by him should
be reimbursed him by Gould or the plaintiff, and
54 that he was to assign whatever interest passed to him
by said instrument to the plaintiff, or to such otlier
person as Gould should designate.
And the defendant further alleges that this plain¬
tiff and its executive ofiicers had notice before Dec.
31st, 1874, of all the matters which are averred in
this article to have been known to Gould in respect
to the relations of Edison with the defendant and
Prescott, and at and before the execution and deliv¬
ery to said Gould of any of the alleged instruments
55 of January 1st, March Oth, and January 4tli, 1875,
described in the Sixth and Seventh Articles, and at
and before the delivery to said Mills of the alleged
instrument of January Oth, 1S75, described in the
Seventh Article, and at and^ before the delivery to
it by said Mills or said Goidd of either of the in¬
struments purporting to be dated January lltli and
July 10th, described in the Seventh and Eighth Ar¬
ticles ; and that the plaintiff and its executive offi¬
cers at the time of the alleged assignment of Jnnu-
50 ary Oth to Mills, and at the time of the alleged as¬
signment by Mills to it, had notice of all the mat¬
ters relating to said assignment to Mills which are
in this article before alleged.
Fifteenth.— Ani[ for further answer, this defendant
says, that at or before the respective times of the
making of the said agreement by it with said Edison,
and by it with said Edison and Prescott, ns stated
m tlm thirteenth article of this answer, and of
the said furnishings by it of facilities and material,
and of the said payments by it of §5,000 each to 57
said Edison and to said Prescott, and at all times
before the 20th day of January, 1875, this defendant
had no notice whatsoever of the agreements or instru¬
ments of October 1, 1870, and April 4, 1871, alleged
in the 3d and 4th Articles of the complaint, or of any
claim by said Harrington of any light, title or inter¬
est in, or to the said inventions, or any of them, or
of any other agreement, incumbrance, assignment,
conveyance or instrument whatsoever, or of any
claim by said Harrington whatsoever that in any- 68
wise affected the said inventions and patent rights
and interests so purchased by this defendant as
nforesnid, or any of them, or any part thereof ; ex¬
cept that this defendant was informed of the terms
of said agreements between Edison and Prescott at
or about tho time of the execution thereof ; and this
defendant insists that it is a bona fide purchaser of
tho aforesaid inventions, patent rights, interests
and promises, for a good and valuable consideration,
and without any notice of either of said alleged in- 39
struments and agreements between said Harrington
and Edison, or of any claim by said Harrington of
any right, title or interest in tho said inventions,
rights and interests or any of them.
And for a further answer, this defendant says,
uiion its information and belief, that at or before the
respective times of the making of said agreements be¬
tween said Edison and Prescott, and of the fuliillment
of the terms of said agreements by said Prescott, and
at all times before the said 23rd day of January, GO
1875, the said Prescott lmd no notice of either of
tho said instruments dated Oct. 1, 1870, and April
4, 1871, between Harrington and Edison, alleged in
the 3d and 4tli Articles of tho complaint, or of any
claim by said Harrington of any right, title or inter¬
est in the said inventions or any of them, or of
any other agreement, incumbrance, assignment, con¬
veyance or instrument whatsoever, or of any claim
by said Harrington whatsoever, that in any wise
affected the said inventions, or any of them, or any
Exhibit A.
61 part thereof, and that said Prescott was a bona fide
purchaser of the inventions, patent rights and inter¬
ests mentioned and described in said instrument of
August 19, 1874, subject only to the covenants and
provisions therein set forth, for a good and valuable
consideration, and without any notice of the said
alleged instruments between Edison and Harring¬
ton or of either of them, or of any claim by said
Harrington of any rigid, title or interest in said in- (
ventions, rights and interests or any of them.
62 Wherefore this defendant demands judgment that ,
the complaint be dismissed.
PORTER, LOWREY, SOREN & STONE,
Ally's for W. U. Tel. Co.
State op New York, )
City and Comity of New York, ) ss '
v/f-mrtrmj being duly sworn, says : That the
6o defendant, is a corporation, and that he is the dri cgf
/i&tidibflhereol' ; that the foregoing answer is true, to
his own knowledge, except as to the matters therein
stated on information and belief, and that as to those
matters, he believes it to be true.
/(bcLcuSoC/o/}
64 J'trteZf
iMffQ
PRELIMINARY RECEIPT.
N. Y., Deo. 10, 1874.
Whereas, Thomas A. Edison and George B. Prescott
aro tlio inventors of cortnin improvements in tele-
. gyaphy, relntiug to duplex and qundruplex telegraph¬
ing, for which letters patont of the United States have
heeu applied for by said inventors ; and
Whereas, Said Edison and Prescott have agreed to
assign all thoir right, title and intorost in and to said
invention and lottors patont, to tlio Western Union
Tolograph' Company, providod the terms of payment
for such assignment and transfer shall bo satisfactorily
adjusted betweon tho said parties and tlio said Tele¬
graph Company :
I, the said Thomas A. Edison, horeby aoltnowiedgo
tho receipt of five thousand dollars to mo iu hand paid
in part paymont for my intorost iu tho said assign¬
ment and transfer.
Witness my hand and sonl this tonth day of Decem¬
ber, 1874.
Thomas A. Edison, [l. s.j
Witness : .
A. R. BnEWEii.
City and County of New York, ss.:
On this 21st day of January, 1876, boforo mo per¬
sonally nppoared A. R. Browor, to mo personally
known, and known to mo to bo tho subscribing wit¬
ness to tlio foregoing instrument, who, being by mo
duly sworn, said : That ho rosidod in tho oity of
Brooklyn in tho State of Now York; that ho was ao-
quaintod with Thomas A. Edison and know him to bo
tho person dosoribod in and who oxoouted said instru¬
ment. and that ho saw him oxoouto and deliver the
i same, and that lie acknowledged to liim, said A. R.
Brewer, that he executed and delivered the same, and
that thereupon he, said A. R. Brower, subscribed his
name as a witness thereto.
' H. M. Haiqii,
Notary Public,
N. Y. Co.
S New York, January 16, 1876.
Whereas, Thomas A. Edison and George B. Prescott
are the joint owners of certain improvements in Tele¬
graphy, relating to duplex and quadruples telegraph¬
ing, for which letters patent of the United States have
been applied for by said Thomas A. Edison and
Whereas, said Edison and Prescott have agreed to
assign all their right, title and interest in and to said
inventions and letters pntent, to the Western Union
Telegraph Company, provided the terms of payment
for such assignment and transfer shall bo satisfactorily
adjusted between tho said parties and tho said Tele¬
graph Company :
' I, tho said George B. Prescott, hereby aoknowledgo
the receipt of five thousand dollars to me in hand paid
in part payment for my interest in the said assignment
and transfer. ,
Witness my hand and seal this sixteenth day of Jan¬
uary, 1870.
(Signed,) /
Geouqe B. Prescott,
Witness,
(Signed,) Gerrit Smith. '
R, H. Rochester,
Treasurer:
"On the dolivory to you of this papor, pay Georgo B.
Prescott the sum of fivo thousand dollars ($5,000).
(Signod,)
William Orton,
President.
Jan. 16, 1876. , _
Rocoivcd fivo thousand dollars, Now York, January,
16th, 1875.
(Signod),
George B. Prescott.
. Paid, Jan. 16, 1876, by
Hon. Wm. Orton,
Presfc. Union Tol’gli Co.:
D’r Sir, —Your , company has over 25,000 miles of
wire, which can now bo profitably “ Qiiadruplexcd.
Considering tlieso 26,000 miles to bo already du¬
plexed, tho quadruples will pronto 50,000 miles addi-
, tional. ^
For all our patents and offorts in protecting tlie com¬
pany in tho monopoly of the same during their life, wo
will take l-20th of the average cost of maintenance of
60,000 miles of wire for 17 years, one-third down and
tho balance in yearly payments during tho above men¬
tioned period. " Half of such payments to cease tho
moment any other person shall invent and put into
praotioal operation, a quadiuplox (not infringing our
patents), upon a oirouit of 400 miles in length.
Yours, etc.,
(Signed) Tnos. A. Edison.
Geo. B. Prescott.
2d. Wo will take twenty-five thousand down for all
patants, and a royalty of §233 per year for each oironit
created.
Thomas A. Edison, Esq., and George B. Prescott
Esq. :
Gentlemen,— Boferring to the negotiations and ar¬
rangements heretofore made between you nnd tho
Western Union Telegraph Company, for tho sale and
transfer to that company of all your patents relating
to the duplex nnd quadruples telegraphy, subioot to
definite ascertainment of tho compensation to bo paid,
and especially to tho two offers in .writing made by
fows°n 01 abPUt tU° 3°th day of Dooembor last- 03 f°l-
« ^ tako twout;y-fiva thousand down
and 25,000 in six months for all patonts, nnd a
royalty on duplex of $1GG per year for oach oirouit
“created.
“2d. We will tnko twenty-five thousand down for
■ fiXS* “ •* <« - :
■ I hereby notify you, on behalf of tho Wostorn Union
19
‘ Telegraph Company, that tho proposition for oompen- 64
nation abovo quoted, aiud by you mnrkod “ 2d,” is
boroby accepted as made, nnd the company is ready to
close tho business at your earliest convenience, and to
mako nil tho pnymouts onllod for, upon rocoiving from
you propor assignments and transfers of the said
patents.
Yours, very respootfully,
William Orton,
President.
Electrician's Department,
Western Union Telegraph Company,
George B. Prescott,
• . Eleotrioinn.
Hon. William Orton, President.
Dear Sir Your fnvor of tho 19th instant, accept¬
ing, tho propositions heretofore made by Thomas A.
Edison nnd myself for tho sale to tho Western Union
Telegraph Company of certain inventions, nnd all our
right, titlo nnd interest of every ohnrnotor in, to, under gg
and connooted with all letters patent of the United
Statos, which may bo granted to us for improvements
in duplox nnd qnadmplox telegraphs, nnd fixing the
compensation to bo paid in accordance with our. pro¬
position mndo and marked" 2d,” on or about the 30th
day of December, camo duly to hand; nnd,- in reply,
I have to say that I am ready to unite with said
Edison in conveying all such patents or inventions, or
to assign my interest sopnratoly, if I may lawfully do
Yours, very respeottully,
George B. Presoott.
61 Exhibit D.
Two propositions :
1st. Wo will tnko twenty-five thousand down and
twenty-fivo thousand in six months for all patents,
and a royally on qundruplex of S1GG per year for each
circuit created.
Ninth. — Doilies tlmt tlio ngrcomont between hinist
Edison, roforrcd to in tlio fourteenth article, was ox
under tlio ndvico of couusel, who ivns also counsel I
defendant, tlio ‘Western Union Telegraph Coiapni
that such ngrcomont was executed under the nil'
souiiBcl for tho defendant ; tlmt tlio agreement betwee
ran and Harrington, tlioro referred to, did not iuelii
[ilex and ipindruplox tologrnphy, or either of them,
Edison was misled into executing tlio said agio
between him and this defendant.
Ho admits that at tlio timo referred to in tlio 21st f
ivas tho electrician of tho Western Union Telegraph
inriy : that ho did pay tho feos, and assist Edison,
loged in subdivision 2, down to and including tlio
‘said inventions anil improvements" in folio 23; th
Western Union Telegraph Company paid Edison ■
but not on account of tlio twenty machines referred
;ho 25tli folio, and only ns in tho thirteenth nrtiolo lie
norb fullv sot forth), and also tlmt tho Western
Holograph Company hns manufactured ninny limolini
jodying tho improvements roforrcd to in tlio fifth
rision, and is now using the same, aud denies all the
illogations of tho fourteenth nrticlo.
12 defendant says, upon his information and belief, that foi
mora than a year next preceding May, 1874, tlio dofondant
Edison had boon making experiments for tho purposo of
improving nrnl adding to tho oapaoitios of tho so-called
Stearns duplex system of telegraphy, and of making now
discoveries and inventions in dttplox, qundruploxnnd other
inodes of . multiple transmission of electric signals on tlic
same wire ; that those experiments had been errried on by
him under an arrangement witli tho defendant, tho Western
Union Telegraph Company, hereinafter referred to ns “ the
company',” whereby it had been agreed that all such oxpori
13 nionts should bo made for the benefit of the said company,
and with tho use of tolographic material, apparatus, opera
tors and other facilities furnished by it, and that all the in
voutious and improvements of tho character above named,
which should result from such experiments, were made for.
and wore to bo tho property of said company ; nnd thnt from
about tho winter and spring of 1873 until tho spring of 1874,
the said Edison had been at work upon such experiments!
and had made certain of tho desired improvements nnd in
volitions while working under said arrangement with the
dofondant compnny.
14 During tho month of May, 1874, Edison solioited this de
fondant to assist him with his skill and experience ns an
electrician, and to join him in his experiments and work
under his agreement with tho company, and offered to share
equally with tliis defendant the profits to bo derived from
tho inventions nnd improvements inado under sueli arrange
meat with the company and otherwise : nnd it resulted from
such propositions of Edison that on or about the 1st day ol
Juno, 1874, Edison and this defendant nerroed tmwtW ilmi
20 discoveries and inventions conneoted with duplex and
qimdruplox and other inodes of multiple- transmission ;
and during this period, and boforo tho nineteenth day of
August, 1874, had invented tho so-called quadrnplox mode
of transmission, and all tho improvements described in tho
applications Nos. 04 to 100, botli inclusive, and boforo tbo
thirtieth day of September, 1874, lie furnished, jointly with
this defendant, to tho company all necessary drawings,
descriptions, and specifications for experimental or practi¬
cal use by it of apparatus embodying tho said inventions
described in tho applications numbered 94 to 100, both in-
21 elusive, aud particularly tho qimdruplox invention and tlio
improvements described in application No. 99, and with
tho full knowledge and consent of said Edison put them
into practical use on its lines and in its ordinary business,
ns being its own property, and such machines and appara¬
tus have been so used by the defendant company ovor siuco
that time, with Edison’s full knowledge and consent.
And defendant says, upon liis information and belief,
tlint all tho inhttors aforesaid in respect to tho discoveries
by Edison, and tho appropriation, with bis knowledge nnd
consent, to tho uso of tho. defendant company of tho np-
22 pnrntus and machines, aud tho improvements and in voli¬
tions embodied in them, ns boforo described, were well
known to this plaintiff and to Gcorgo Harrington at or
about the dates of said several ovonts, and that neither of
them boforo January tho twenty -third, 1875, ovor questioned
or claimed anything to tho contrary of Edison’s or of de¬
fendant company’s right to do ns they respectively hnd
done, ns aforesaid.
And the defondant further says that after his dealings
with Edison began, in or about May, 1874, nnd throughout
that year to its end, Edison often reiterated the nature and
28 terms of his agreement with tho defendant company, to tho
same effect as is sot forth in folios 12, 13, 15 nnd 10 hereof;
aud after tho agreement of August lOtli, 1874, this defend¬
ant nnd Edison on tho one part, nnd tho defendant com¬
pany on the other part, always denlt together on tho
understanding nnd basis of bucIi. agreement, nnd at nil
times, and up to and after tho 20th January, 1875, it was
ngrecd and understood by this defendant nnd Edison on
tho one pnrt, and tho defondnut company on tkoothor part,
transmission, and especially of tho inventions described in
tho applications Nos. 94 to. 100, both inclusive, referred to
in tho ninth nrtiolo of tho complaint, hnd been made for
and belonged, upon their making, to tho defendant com¬
pany, and that Edison was bound under his original agree¬
ment, and this defendant was bound with him by virtue of
tlioir agreement of August tho nineteenth, 1874, to securo
all said improvements and inventions by proper instru¬
ments, and by assignment of letters patent therefor, when,
procured, to tho defendant company. 2i
* And this boiug tho agreement nnd understanding of all
tho parties, aud there being no point undetermined botwcon
them in respect to said inventions and improvements and
letters patent, except tho ascertaining tho prcciso amount
to ho paid for thorn ; and it having been also understood
and agreed that this should bo ascertained in duo time,
either by. agreement of tho parties, or, if that failed, by
arbitration, on tbo tontli day of December, 1874, tho said
Edison, and about tho sixteenth day of January^ 1875,
this dcfcudnnt asked and received of tho defendant c<
pnnv tho respective payments of ilvo thousand dollars 21
each, in anticipation of tho fixing of tho definite price
aforesaid, and on account thereof, nnd then severally exe¬
cuted and delivered to the dof 1 t co i i f tlio instru¬
ments, copies whereof nro horoto annexed, marked Exhibits
^ And oil tlio sixteenth and thirtieth days of December,
1«7.1 H.i« iinfnnilniit niul Edison submitted propositions in
1874, this defendant nnd Edison submitted propositions u
' writing ns to tho amount of sueli price, copies whereof nr-
hereto annoxed, marked Exhibits O and D ; and tho last of
said propositions remaining .open up to tho 19 th of January,
1875, and tho ngreomont and understanding of said parties 27
ns to tho exclusive right and ownership of tho company m
and to all tlio inventions nnd improvements tliorctoforo
made by said Edison, connected with duplex nnd qundru-
plex telegraphy, remaining us aforesaid, on said 19th of
January, 1875, snid coinpnny nccoptcd tbo second of said
• ■“--I by tho offer of December 30th, nml
,o notified this defendant and Edison. And this defendant
ins over siuco that time always been and now is ready to
I .... —
28 make nil proper anil necessary instruments to securo tlio
title of said improvements and inventions to tlio defendant
company in virtue of its said agreements with Edison, and
witli Edison and this defendant.
Twelfth— And for furthor answer, this defendant says
that Edison had full power and right to mnko the agree¬
ments, and especially the agreement of August 19th, 1874,
which ho did make with this defendant ; and that neither
at that date, nor n't any time siuco tlio 1st January, 1873,
did nny such agreement ns that referred to iu tho third
29 article of tho complaint, or plaintiffs’ Exhibit A, oxist be¬
tween Edison and Harrington ; and that no such instru¬
ment as is mentioned in tho fourth article of tho complaint
was executed by Edison, cither to fulfil or to carry out such
alleged agreement of October 1st, 1870, and that no other
agreement between Edison and any third person forbailo or
invalidated any such agreements ns Edison made with this
defendant, as herein alleged.
And for furthor answer, this defendant says that at or
before tho respective times of tlio making of tho said agree.
80 meats by tliis defendant with said Edison, ns stated in tho
eloventli article of this answer, and of the said payment of
fees and monoys by this defendant, ns hereinbefore stated,
and at all times before tlio 20th day of January, 1875, this
defendant lmd no notico whatsoever of tlio agreements or
instruments of October 1, 1870, and April 4, 1871, or either
Of them, alleged in tho third and fourth articles of tho coin-
plnint, or of any claim by the said Harrington of nny right,
title or interest iu tlio said inventions or any of them, or of
any other agreement, incumbrance, assignment, conveyance
o- or instrument whatsoever, or of any clnim by said Harring¬
ton whatsoever, that in anywise nfTected the said rights
and interests so purchased by this defendant ns aforesaid
in the said inventions, or any of them, or any part thereof,
and this defendant insists 'that he isa Iona fide purchscr of
the aforesaid inventions, pntent rights, interests and prism-
• ises for a good and valuable consideration, and without
any notice of either of said alleged instruments or agree¬
ments botween said Harrington nud Edison, or of any clnim
by said Harrington of any right, title or interest in said 82
intentions, rights and interests, or nny of them.
0,0 alleges that neither of tho
alleged agreements sot forth in plaintiff# Exhibits A mid
knouts!! ? °r °0V01' BI,J' inventions or improvements
know n as duplex or quadruples systems or modes of trnus
of Hm'i’nvm 7 of transmission, orany
! ! improvements described in tlioagreo-
im or nuf'l T' ’ mna° by E,US0" Si"c°
187J or any of thoso described in tlio applications mum
nrtbl r « 10°’ l,otU incIusi™> referred to iu tho ninth 88
article of the complaint.
co3nS’dfsmi^0n,,ant d°,nnml8 jndem°Ut that tb0
POBTEE, LOWEBT, SOBEN & STONE,
Mty'sfor Deft, Peescott.
State op New Tonic, i
City and County of Nt no York, j ss' S
tors ho bolioves it to bo truo. .
GEOEGE B. PEESOOTT.
Sworn to boforc me, this 2Sth )
day of May, 1877, . /
BANDOLMI HintRY,
Notary Publia, . 81
N. Y. Co.
§. § . Superior Court
Ur.5J.lW 70
THE ATLANTIC AND PACIFIC TELEGRAPI
COMPANY
GEORGE B. PRESCOTT AND OTHERS.
PIAIHTIEE’S EXHIBITS.
McDaniel, lummis & soothed, peg. Ate™.
non. AVm. Orton, President,
fsssisllii
rs“=
^r^AA.Emm.
Washington, D. O., Jan. 2&, 1875. 124
Geo. B. Pkesoott, Esq.,
ajssessrs
=SS8S£ says
, Respectfully, ■
(Signed,) Tups. A. Edison.
\
Pinintiffif Exhibit K., April 93, 1X77.
Of Patents, March tl^iDce,of •* 10 Commissioner
title ana in teres" whicli tlie?'tr^9^r?-r- " ri,?1,,s’
]20 Edison, might tliei lmve S m li f.^ ^amngton and
120 m certain hate it •iii.u ' “ -7 E1.1.1. thereafter acquire,
therein: "fil'ts and inventions ns set foil It
tion of tl'uf 'siim'hf^on)^?1!!^’ f?r and ln considera¬
te icceipt 'vhe."of9 s ‘h’ n,I'- t?™in « pnid,
hereby assign triinsfm-n, l,Dlx*t?3T, acknowledged;'' do
and Pacifiiea!ohWan] plf ‘ ov?!;dilt° the Atlantic
assigns, any and® ]] PLh?s i:?,”7’ 1,8 successors mid
tion to Duplexand ofu.lrl “V® and interest, iii rela-
127 J> by virtue of the said uh>HP®X telegraphs, which
froin the said Edison nnd^hn'vl:,V®n,lt8’-acq.,,ir®d
assignee of the said iww, P E-'d •Cnrriiigtoii. ns
may now have or h eienff?,?. ’ 01 .e,t,!er of them, and
tors Paient, issued or io hifC-<pilr“i 111 or *° a,IJ' I->ot-
venlions ns are mentioned hi i?"®d-i01- any 8,,ch in¬
dents, or for any immoveinen .0 Enld written instru-
t'ons nnd in or to My e-i68n" „”" 1,0 8»«1 inven-
Company, its successors and’ a^ians® ft e‘v® 11,0 Eaid
01 to be made, and for nl/suoh^nPtn’ whether wade
as. may be necessary. or reauisi'tf”fA* «' aEslenments.
.Vestmgm the said Comphi^v i i Sr' Ul? Purpose.of
120 SIenn?> 1,1,1 and complete P s!!cce«01'8 and -as-
ondim^wyenierttiw^io^'l'M*?^1 Ellc.llinventions-
said written instruments if exerciso undw the-
been 'inode. s' 11 V’ese presents had not
point suchporson as it may select as the attorney for
the said Harrington and Edison; to do all those
;'“fE.and act8 which I would be entitled to, under 130
not been made0'1 lnst,'uments' if tlle8« presents had
dt ls, lloraby understood and agreed, that these
presents are subject, on the part of the said Com-
St n„r„Ti'°ia("d®ig",s' t0 a11 tho covenants,
.nZttc0ontaab,ed:raitatl0n3 “ the Said writton inatal
nnft whereof, the said Jay Gould has here¬
unto sot his hand and seal, and tile said Company
has -caused these presents to be signed by its Presi- 181
>ts corporate seal to be hereunto affixed
this nineteenth day of July, 1875.
Jay Gould, rp. s.l
In presence of •
Olin J. Clausojt.
19> 1875> before Olin J. Clau-
son, JS cjtiiiy T>ubhC. Recorded April 11, 1870 in
^Patents 6 C6’ ^ LiberR 2°’ pase 5d' of !“"8
IMniiillUV Exhibit V., April S3, 1877. 132
Know all men by these presents, that whereas, I,
riiomas A. Edison, of Newark, in the State of New-
Jersey, liave invented certain improvements in Du¬
plex Telegraplis, for which I have executed. or am
about to execute applications for Letters Patent of
the United States, and such applications are numbered
D4, 05, 00, 07, 08, 00 and 100, and are dated August
19An8d whereas, I have invented other improvements
in Duplex Telegaphs, the descriptions and models of 13*
which have been lodged with L. W . Sorrell of t o
City, County and State of New-York, for the pui-
■pose of obtaining patents :
And whereas, lam the inventor of other improve¬
ments relating to Duplex as well as Quadiuplex
Telegraphs, for both of which I am about to make
applications for Letters Patent : •
And whereas, Samuel M. Mills, of the City of
Brooklyn, in the State of New-York, is desirous of
purchasing from me all tlio right, title and interest 134
which I have in or to tho said inventions, or winch I
may hereafter have in and to other inventions re la-
ting in any manner to Duplex and Quadruplex lele-
graphs, in consequence of the grant of Letters I atent
therefor, or of any inventions,. or improvements
relating thereto, or hereafter to bo made by me, or m
which I may hereafter have any interest whatever :
Now I, the said Thomns A. Edison, in considera¬
tion of thesumof thirty thousand dollars to me in
hand paid, the receipt of which I hereby duly no- 135
knowledge, have sold, assigned, transferred and set
over, and by these presents do s-11, assign, transfer
and set over unto the said Samuel M. Mills, his
executors, administrators and assigns, all the . right,
title and interest which I have ill and to all the said
inventions or improvements, and in and to all otliei
inventions and improvements re ating in any way
either to Duplex or Quadruplex lelegraphs. and all
right, title or interest I may now, or may l ei eaf ter -
have in or to any Letters Patent for any suoh mven- 130
tions or improvements, and in or to nny
extensions of the same or nny of. them, io have and
to hold the same, to tile smd Samuel M. Mills. ms
187 their own use and behoof, to the full end oE the term,
ns well nB renewals thereof, for which the said Letters
-. Patent have been or, may hereafter be granted, ns
fully and entirely ns the same would have boen held,
and enjoyed, or could be held and enjoyed by me,
had this assignment and sale not been made. And I
— . my right, ti _ _ _ _
the said inventions or improvements, for the sole use
and behoof of himself and his legal representatives.
I hereby further covenant and agree, that this
188 assignment shall cover and inolude nil letters patent
granted, or to bo granted,- in and for foreign countries!
ns well as the- United States, arid all inventions or
improvements which may hereafter be made thereon
or relating thereto, as well as all extensions and re¬
issues of any such Letters Patent in .the said United
States and nil foreign countries.
And I hereby covenant, that I have, not manu¬
factured, used or sold or granted licenses, or the
right m anyway, to any other party or pnrties to
manufacture, use or sell any of tile said inventions,
or any improvements tliereof, or any machine era-
18u bodying or article containing any of said inventions
'or improvements.
And the said. Samuel M. Mills," for himself, his
executors, administrators and assigns, hereby cove-
nants and agrees, that lie will from time to time, as
ho receives the same, pay to the saidUdison, his
executors, administrators and assigns, one-half of all
sums of money which lie may hereafter realize for the
granting of licenses of the said patents, or the sale
United StiSes>ateilt8,',Otit®id0' tUo iurisdictio11 ot the
1 hove; hereunto sot my hnnd
hundreli andSseveidy^Hve^nnUaiy’ °n° *'*loustln^
Thomas A. Edison, .
; By Jay Gouj.d,
Attorney.
Eeoorded in Patent Office, April 10, 1870, in Liber
- • 18> P“go 348, of Transfers of Patents.
J
piniuiios1 Exuiiiit in., Apiir es, is.w.
Know all men by these presents, thatwherens one
Thomas A. Edison, of Newark, in the Stpto of New-
J.ereey, line invented certain improvements in Duplex
Telegraphy, for .which lm heretofore executed or was
about to execute applications fpr Letters Patent of the
United. Stntes, such applications being numbered 04,
00, 00, 07, 08, 00 nnd 100, nnd dated August 10, 1874:
And whereas, he lias invented other improovements
.in Duplex TelegrapliB, the descriptions nnd models
pf which have been lodged with L. W. Serrell, of the 143
City, County and State of Nuw-York, for the purpose
of obtaining pntents :
And whereas, he, is the inventor of other improve¬
ments relating to Duplex as well ns Qundruplcx Tele¬
graphs, for .both of which he proposed to make ap¬
plication for Letters Patent:
And whereas, I, Snmuel M. Mills, of the City of
Brooklyn, in the State of New-York, did, on the sixth
(0th) dny of January, 1875, purchase from the said
Edison nil ilia right, title and interest in nnd to all
Eaid inventions and improvements, and in and to all
ptlier inventions and improvements relating in any 143
way Jo. Duplex or, Quaarnplex Telegraphs, as will
more fully appenr by ;tlie- assignment to me by the
said Edison,, exeoiited on the said sixtli dny of Janu¬
ary, 1875: J
And whereas, the Atlantic nnd Pacific Telegraph
Company has agreed to purchase from mo all my
said right,, title and- interest :
Now I, tlio said Samuel M. Mills, in consideration
of. the sum of thirty, thousand dollnrs to mo in hand
. „ sse preseiits.do spil, assign, transfer and set 144
oy,er.tp,the said Atlantic. and PaeilieTelegmpli. Com¬
pany, -its successors and assigns, '.aiUithe. right-, .title
and interest which I lmye in ,nnd to all theisnjd- in-
yentipn or improvements, and ;in, and to -all other
inventions nnd improvements relating; in any way
either to: Duplex .or, ..Quadruples Telegraphs, and nll
right, title nnd interest I may now, or 1 or the said
145 Edison may hereafter have in or to any Letters Patent
lor any such inventions or improvements, and in
or to any re-issues or extensions of the same, or any
of tliern. To have and to hold tiie same, to the said
Atlantic and Pnc|hc Telegraph Company, its succes-
sors and assigns for its and theirown use and behoof,
to the full end of the term, as well as renewals
thereof, for which the said Letters Patent have been
or may hereafter be granted, as fully and entirely as
the same would have been held and enjoyed, or
*°“ld b<V‘e,,d an.d, enjoyed by me, had this assign-
140 n and ?al? not b®on mad<!- ^nd I hereby request
nmlC?"in-V-SS,M.nf of ^atents to issue to the Atlantic
and lacihc .telegraph Company, as my assignee,
and'io “ .'ny title and interest in
and to the said inventions or improvements for the
sole use and behoof of itself,1 its successors and
I hereby further covenant and agree, tlint this
eSIl’m11.8 'in C°V? includ0 a11 letters Patent
granted 01 to be granted in and for foreign countries
nmvomaS.tbe ,^n,Ucd Sta,t<-‘s' and nil inventions or im-
clat I n,)Vtn C?l n llul“tler be mado thereon or
147 of n v^nl h f .’, . as al extullsio''s and re-issues
and'a?lSforaign countries"1 11,0 UllUed S,ate
fured^usecl'n'e e <j°vunanti that I have not manufac-
• u»A7 oVtrixs'ass
movements0 aminK a"y °£ Baid i,lv<-‘,,tions orta®
>« »X74aT„X;n"“' ”
And the said Atlantic and Pacific TnWmnli
Company, for itself, its successors and Sns
or?bynC°V°n-ft8 aad aBrees. tl'nt it will, from time
Thomas’ A.8Edisont'his executoref'aclinmistratorslind
tbe'ju risdicUorr of tlfo United St^!s £,ntent8’ outs'de
In witness whereof, I have hereunto set my hand
UNITED STATES PATENT OFFICE.
Thomas A. Edison, of New auk, New-Jekse
ASSIGNOR TO HIMSEI.F AND GEOUOE IIaHUINOTO
of Washington* District of Columbia..
Improoemcnt in Duplex Chemical Telegraphs.
Specification forming part of Letters Patisi
No. 100,843, dated November 17, 1874. Appi
oation filed March 13, 1873.
To all whom it may concern :
Bo it known, Hint I, Tlioinns A. Edison, of Newark,
in the County of Essex and State of Now-Jorsoy, 102
have invented an improvement in Circuits for Cliomi-
cnl Telegraphs, of which tlio following is a specifica¬
tion :
Tlio object of this invention is to transmit two dis¬
patches over tlio snmo wire at tlio samo time, by tele¬
graphs employing perforated transmitting paper and
chemicnl receiving paper.
I make use of apparatus for transmitting by per¬
forated paper, and receiving tlio mossages on ohomical
pnpor at the respective ends of the lino,, and employ 103
.bnttorios, resistances and connections- arranged in
suoh a manner tiiat the ofloot of tlio traiismittuig
battery shall be neutralized upon tlio receiving m-
.strumout at tlio snme.oud by ail. -equalization of ten¬
sions, and the rooeivor shall bo at a point wlioro the
tension is oqunl to all tiio olootrio ourronts, oxoopt to
• that current which, ooinos from tlio distant station.
;> In the diagram, d-e. are tlio. receiving, and 0-c. the
transmitting instruments, m. n. nro tlio inniu batteries.
- and v., are .two bnttorios in f.he,.shuut-oirouit 16*
opposing oaoli other, and produoing no olleot upon
.tlio receiver. : . -r ... ,
w.:x. are bnttorios operating similar to u. o.
. /• 0- , are resistance ooils, to inorease .and doorenso
the lengtli of tlie shunt-oirouits.
It. i. mo resistance coils of Hourly the resistance of
the line. •
*'• I. are the ground plates.
o. p. are the double contact springs, one spring o.
cutting off or “short circuiting” the battery x., and'
the other spring, p., placing the main bultcrv, n.,
upon the line. . . .
'Ihis innin battery current divides at d., part going
on the hue and part to the ground ; this routo 6r
negative of the battery, through the resistance •/.,.
being in faclnn artificial line, it being well known that-
a battery will, supply several lines with an undi-
ifin quantity of electricity, and that the addition
too ot a line decreases the total resistance or the battery’s,
circuit, and produces an extra amount of electricity-
to obtain tlio transmission of two messages over
ne same wire at the same instant, it is only necessary
Unit no effect shall be obtained upon tlio receiving
instrument by the putting on of the sending battery
at the same station. ,
I will now describe how I produce this effect :
W hen the paper of the message to be transmitted
107 n'r,!'' "1''11 !he l,°,,,1,ct springs tj. r. and tlio
ilium 6., no current passes upon the line, a '
mid (lie
being balanced within the slinnt-
n current ceming from a distant station passes d
l mli l'. Q ii :lml 1180 i.1i10uk'1 tlio receiver, d.,
piodnccs the message in the usual manner.
supposing no current from the distant station was
S jS felt upon the receiver, d„ mid it is
10 H""?1"11 « current to the distant station
108 S’ftWilwoaueuig airtiffect-upori said receiver, d.,
1 7 ?Sra®c-' olMP ns follows :
v\ lien the contact splines q. r. are in metallic
tionlnl|hi,^ t'le M™"1’ o’ by into a perfoia-
Ctm ent fr 1 b?ln.e *1,row,< . over siiid dram,' the
. wmiW Passage of the current through the receiver
leoJtlmt in a lnrge ?alkat ,lie receiver, were it hot
uaced nl i6?ime tlme tlmt the contact' spring n
e bntteiy.OTj upon: the line" the- spring <?.
n bnt,cly wf>ich hath, been
opposing the battery v. iii the shunt-; hence allowing
said battery it. to have freo action, and the current
from this battery thus set free acts in a' contrary
direction through the receiving instrument d. to that 100
of the. battery, m., and by means of a switch for
putting in ana out more or less cups, the power of the
batteries m. and it. are neutralized on the chemical
paper at d. ; consequently no effeotis.producedattlie
receiver d., wlien the battery m. is placed oil tlio line.
Of course, while the battery m. is oil, if a current
from the bnttery. Jt. is .sent over tlio, line, it records
itself in the usual manner upon tlio cliemicnl paper
I claim as my invention : The local batteries u. and 101
i>. or io. and x. in a shunt from the main lino and
opposing each other, and a connection between them
to the transmitting or receiving instrument, in com- .
bination . with .the main batteries, resistances and
circuits arranged substantially as and for tlio pur¬
poses set forth.
Signed by me, this7th day of March, A. D. 1873.
Thomas A. Edison.
T. A. EDISON.
Duplex Chemical Telegraphs.
Patentod Nov. 17, 1874
Pub United States of America, to am. to
WHOM THESE PRESENTS SIIAM. COME:
Whereas, Thomas A. Edison, of .Newark. ISew-
Jorsey, has presented to the Commissioner of l stems
a petition, praying for the grant of Letters l1 ’atont tor
an alleged now and useful improvement in Duple
Cliemical Telegraphs, (lie having assigned lus ngiu,
title and interest in said improvement To himself an
George Harrington, of Washington, pistnet ot
lumbin,) a description of which invention is continue
in the specitication, of which a copy is hereunto an¬
nexed, and made a part hereof, and has conipiiea
with the various requirements of law, in such cases
made and provided ; and ' " , ' :
Whereas, upon duo examination mnde, tlio siuu
claimant is adjudged to be justly entitled to a patent
under the law : .
Now, therefore, those Getters Patent are to grant
unto tile said Edison and Harrington, their heirs or
assigns, for the term of seventeen years, from tlio -
seventeentli day of November, one thousand eiglit
hundred and seventy-four, the exclusive; right to
make, use and vend the said invention throughout
tlio United States and the territories thereof.
In testimony whereof, I have hereunto sot my
hand and caused the seal of the Patent Office
to be affixed at the City of Washington, this •
seventeenth day of November, in the -year
[t,. s.] of our Lord one thousand eight hundred
and seventy -four, and of the ^Independence
of the United States of America, the ninety-
ninth.
B. B. COWBN,
3 Acting Secretary of the Inter lor.
Countersigned,
Ofhvii/Sv
ifflotnad d. <§Mhm'
46
Kxliibit O.
THE QUADKUPLEX PATENTS CASE. 107
Commissionku’s DhoiSiox.
Thomas A. Edison, Question of Title.
[In tho matter of the applications of Thomas A..Edi-
son, Assignor, etc., Nos. 04, 05, 00, 07, 08, 00 and
100, for Letters Patent for alleged “ Improvements
in Duplex Telegraphs,” tiled September 1, 1874.
Decided March 20, 1870.]
TjiACiiKit, Commissioner.
■ Prior to the filing of these applications, the follow-
ing assignment was sent to the Patent Olfice, and re¬
corded August 20, 1874, in Liber K. 18, p. 02, Trans¬
fers of Patents.
Assignment, Edison to Prescott, dated August
10th, 1874 .
Here follows the agreement, Exhibit F.
i , In accordance with the assignment, the application
was entered in the office as made by “Thomas A.
.Edison, assignor of one-half his right to Gcorgo B. .
Prescott, of Now- York City,” and under the usual 100
practice of the Patent Office, tho patents would lmvo
been issued in accordance with the request contained
in the assignment to Edison and Prescott, as assign¬
ees of Edison. . Before the examination of the ap¬
plications had been completed, George Harrington
presented to the Commissioner of Pntents n petition
bearing date Jnnuary 23, 1875, . praying that the
patents might issue to Edison .and Jiimself, as. as¬
signee, of the former, on the ground that the follow¬
ing assignment, recorded May. 0, 1871, Liber U. 13, 170
■p.-412, Transfers of. Patents, conveyed to him an in-
erest in these inventions.
Here follows agreement of April 4th, 1871.
Abetter of even date with this petition was also re-
.'ccived’froin Edison, vstating that the assignment to
Prescott was made under an erroneous 'impression,
and requesting llie issuu of the patents to Harrington
and himself.
171 The issue- before the Commissioner is, to whom
171 slmll the patents be granted? In detmnnm.pg Hub
question, the Commissioner must be guided entirely
by tlie record. He has not the authority of a court
to consider evidence outsido the record ns to out-
stnnding equities. The only question that he can tie-
cido is, who on the record possesses the legal title to
these inventions ? He must issue the patonts nccoi d-
ingly, if the requirements of tlie oflice insiu.li cases
provided, have been complied with. .
172 ; In tlie investigation of this matter, I have t'ornc- to
the conclusion that it is not necessary for the Com¬
missioner to determine whether tlie assignment fiom
Edison to Harrington, dated April A, 1871, covers
these inventions or not. However this question maj
be decided linally, there is no evidence that the in- .
ventions described in these applications were in ex¬
istence at tlie time this instrument was executed, it
is hot even claimed by Harrington that they were.
He simply says that there is no evidence that they
173 were not then in existence. But in a Court of
Equity, one of tlie first requirements niadeof Harring¬
ton would bo to prove ailifinatively that Edison had
perfected these inventions when lie oxecuted the
assignment of April 4, 1871. In the absence of such .
proof, the probabilities must guide. These aie all.-
against the existence of the inventions at that time.
'Hie applications wero iiled more than, threo years
after the date of tlie assignment. 'J’lfe lirst record
made by Edison in tlie Patent Ollico in any way con-
ill ncctod with these inventions, was some tune in 1878,
when lie tiled his lirst caveat relating to duplex tele¬
graphy. It is also worthy of notice in this connec¬
tion, that Edison is a very fertilo inventor, as the
great number of patents obtained by him within the
last few years conclusively shows.
The present applications oxtond a series, com¬
menced not long ago, to the number of one hundred.
It must be remembored, too, tliat thoro has been great
activity in inventions relating to telegraphy for it
175 number of years past, and sharp competition has
existed between inventors of various improvements.
It is incredible, under these circumstances, that an
inventor like Edison should allow such valuable im¬
provements to lie threo or four years after completion
without applying for patents. In the absence of
positive evidence on this point, I must follow .the
presumption, which, in this instance, is so strong as 176
to amount almost to ft certainty, tliat the inventions
described in these applications wore not in esse when
tho agreement was made between Edison and Hai-
rington. Admitting, then, that this deed inc udes
those inventions in unmistakable terms, no legal title
in them passed thereby to Harrington. Tho instra-
ment has tho force only of nil executory contract,
(Gibson ost OaokXBlatchf. 144. Curtis on Patents ,
4tli Ed., sec. 183, note 2, p. 200.) , ... .«
Tho legal title to these inventions, then, was en- 177
tirelv in Edison at tho time he executed the assign¬
ment to Prescott, and he alone had the right to
convey any interest in tho inventions or patents
S™'ldsl right ho exercised with all due formnhty
when, in 1874, I10 convoyed an entire half interest m
the inventions to Prescott; whether tins w done.ir
assignee of Edison, and upon tho execution or u e ua
assignment in 1874, Edison and Prescott became the
nossossors of tho legal title to the entire inventions.
' ?his conclusion is controlling in effect, for Edison is
estopped from contradicting lus deed of a gnment
to Prescott. It is hardly necessary to cite authorities
on this point, and I will only refer to Van Kensselaei
ai, Kearney et at, 11 Horn 207, and Bowman vs. ■
Tavlor. 1 Webster's Patent Cases, 292.
■ft mav bo aliened, however, that the same dootrine
shouldKppli°a to the deed of Edison toHan-mg- 179
ton of 1871, and that then the rule that an estoppel
ngainst an estoppel settuth the matter at laige
woukl operate. But an estoppel arises alone upon
a recital of ft particular fact. Speaking of a moit-
rrnrro deed “There is,” said Lord Tenderden, de-
fivering the judgment of the Court in Doe d. Jeffrey s
BUoknell 2°S. and Aid. 278, “a want of that
ceitainty of allegation which is necessnry to make it
il"Lord'?Ioit lays it down in Salby vs. Kidleyrl. 18b
Show; that “general recital is not an. estoppe,
though recital of a particular fact is. (Doe Vf.
Oliver; 2 Smith’s Leading Cases , Haied Wallace s
JVThe deeddn 'question loes hot point ouh edj1^' hy •
recital or description; any particuliu invention 01
patent
,81 It is vngueinits terms an* executory^ Us nature,
" and, for ^ffil^SSSot to considered na arising-
thereupon. (Doe «s. igh t' rest here, I
formalities have been o“s™ta\0 iB9U0 to Edison
must necessarily orda the pntm t 8trongiy con-
and Prescott. But 1 am si j beneve, that-
firmed in this opimon by ‘be inc^, ^ the inven.
182 Prescott is the owner of s ®"£n tQ th0 Harrington
tions, whatevei ^effect ma^b S ,all hereafter carve-
give it to Harrington, tlm deed °t ^ i£ thfl
' fvill still take f'S/lSoa Vendors,.
fSxvs
interes™^emaining^d^^Edistm,^r^wlietlier the terms- .
and condition of the gmnt one_iinl£ Edison’s re-
5S&
uhe "observed as* wiU Authorize the Commissioner to-
Se I see no reason wCtever for departing. from
decision8 by ?uS?lSta^' invalidating paten|
thus granted, I think tlio Commissioner should
follow the practice which, so far ns my knowledge 180
-extends, lias never been questioned heretofore.
The applications are remanded to the principal
Examiner, and when ready for issue, the patents will
be granted to Edison and Prescott, assignees of
Edison.
(Signed,) J. M. Tiiaoiiek,
Commissioner of Patents.
From. “ The Telegrapher,” N. Y., Sat., AprflW, 1808. 187
Edison’s Double Transmitter.
By irnmns of this ingenious niTnngemeht, two
communications mgy be' transmitted in opposite di¬
rections nt tlie same time on a single .wire.
This result is accomplished by the use of rheostats,
and the neutralization of the effect of current from
the transmitting station npon the receiving instru¬
ment at the same station.
In the diagram, two stations are represented, with 188
the necessary instructions for working in this man¬
ner. M. N, and M.’ N.' are line wire lieiices of the
usual construction, placed opposite to each other.
K. and K.‘ are the transmitting keys arranged
to close two circuits at the same time, ns shown in the
diagram.
R. R.' and X. X.' are adjustable rheostats or resist-
S. and S.' are retracting springs, whose tension is
adjusted according to the strength of the main line I8f>
current.
The arrangement of the wires may. be readily seen •
by reference to the diagram. The rheostats R. R,‘
when both in circuit, should oflFer such a resistance
that the main line .current will not be of sufficient
strength to overcome the tension .of -.the springs and
work the instruments.
Tho resistance at X. is made equal to that of the
main line T. n/l/wi i„ ti,„t „r n,„ w ■ — ,n n.„
resistani
JW-R.
By inspection of the diagram, it will be seen that
when the instrument is nt rest there will .be a con¬
stant current over the line, passing through battery
B., rheostat R., helix N., line L., helix N.‘, rheostat
R.1 and battery B.', but, as above stated, owing to the
resistance of the rheostats R. R.1 it will bo insufficient
to affect the instrument.
Now, if the key nt K. bo closed, the rheostat nt R.
is cut out, and the current on the main line is in- ini
creased, say CO, passing through the helix N.
At the same time a current of equal strength passes
through the other helix M. and the rheostat X.,
the resistance to this ourrent being equal to that via
L. and R.1, therefore tile effect upon the armature of
tlie relay M. N. at the transmitting station will be null.
Suppose tlie tension of the springs S. and S.' to
equal 20, tlie armature of tlie relay M.‘ N.' will be
drawn towards N.‘ with a force of 50, less the ten¬
sion. (20) of tlie spring S.‘, there being no current
through M.'
• If now tlie key at K.1 be also closed, the main line
current is increased to 100 by the cutting out of tlie
second rheostat R‘ ; but the effect of the additional
current of 50 is neutralized at M * N.‘, as in the former
case. The current through N. will now be 100, while
that through M. remains at 50 ; therefore, the arma¬
ture will be attracted towards N. with a force of 80,
(100 less tlie attraction of M., which is 50, and the
tension of the spring S., which is 20,) and will remain
attracted as long as the key at K.‘ remains closed.
If the key K. bo now opened, the current in the
helix N. is reduced to 50, and that in M. to nothing,
and tlie difference being the same as before, the relay
remains closed.
Blit tlie current at N.1 also being reduced to 50,
while that in the M.‘ remains at 50, as before, the two
attractions neutralize eacli other, and the spring S.1
draws back the armature.
Thus, it will be seen that the writing from the key
K. will only affect the relay M.‘ N.1, and vice versa.
Localcircuitscan bo attached to the keys for con¬
venience in writing, or a key and a sounder may bo
placed in a local circuit, and the lever of the sounder
made use of to work the main circuit instead of the
key, as shown in the diagram. .
A repeater may also be arranged to work on this
system if required.
The inventor of this arrangement is Mr. Thomns
A. Edison, of the Western Union Telegraph Office,
Boston. Mass.
CASE No. 94.
106
To the Honorable Commissioner of Patents :
Your petitioner, Thomas A. Edison, ot Newark,
in the County of Essex, and State of New-Jersey, .
prays that Lotters Patent may be granted to him for
the intervention of an improvement in Duplex Tele¬
graphs, set forth in the annexed specification.
And further prayB yon will recognise Samuel W.
Serrell, of the City of New-York, N. Y., as his at- 1
torney, with full power of substitution and revocation
to prosecute this application, to make alterations and
amendments therein, to receive the patent, and to
transact all business in the Patent Office connected
therewith.
Tnos. A. Edison.
New-York, N. Y., Any. 19 Ik, 1874.
On this nineteenth day of August, in the year one
thousand eight hundred nnd seven ty-four, before the
subscriber, a Notary Public in and for said State,
personally nppeared the within named Thomas A.
Edison, nnd made solemn oath that lie verily believes
himself to be the original and first inventor of
the within described improvement in Duplex Tele¬
graphs, and that lie does not know and does not be¬
lieve that the same was ever before known or used, 109'
and that lie is a citizen of the United States.
Tiros. A. Edison.
Sworn to before me the day 1
and year above, written. (
Ciias. H. Smith,
[seal.] Notary Public ,
Kings Co.
SPECIFICATION.
To all whom it may. concern :
}• Be it known, that I, Thomas A. Ellison, or New¬
ark, m tlie County or Essexanil Slate ot New-Jorsoy
have invented an improvement in Duplex Telegraphs
of which tlie following is a specification :
2. f make use of a compound induction coil,
tl o Hl 1 noli the currents pass, and those from tho
tlm rtulni ‘I0!1- a‘ - bilIa,,c“> but U|o current from
tho distant station is operative.
01 J' hI1? he,ix “• "‘"'rounds the central part of the
01 core that passes through the electro magnets b. and c. ;
eHv « 6’;,?'U Ty 0!,Iln(lHced current is set up in the
• i, J wl'7 tllere,is a“ exccss “E current in
in b I™ »» bc<-a"seif thecurrentacting
in o. is equal to that acting in c., and tho heliepq nm
ces on tL'?m«nd’*nle luaS»etizing actions of tho hoH-
willnot h»> imvco I,RUtlll^Z0.each other, and there
hi t whLb |. y 8fiC0».(la,T oi* induced current in a. ;
wmmm
z.. magiio-
magnet /^ti^oben nmi0,)ierate»Si tbe polui'iaed
203 S3?. iS ** tb°
from the dfelnnt^t'id^^^^^ nlon8 tI,e lino *•
b. demagnetizes, and in so doin^a T° of tbo llelix
induced current!, ia„ of oppo^potoityUhe tof
•and that acting in the polarized magnet/., instantly 204
throws the contaot point of the 'hrumturo' the'Ather w'
way, and op, jus the jqtail qirquit.
7. These operations, in the compound differential
induction' coll, 'lieiiig'bofhe in irilhd; it' no'w 'bedoriies
-necessary to explain the manner of sending through
such Coils' without' producing any action :'im 'the
helix it.' . ' . . ■ - -
8. Thu key- 1. in tlie local circuit to the magnet w.
•oporatC's the levCr w. that: 'contains an 'insuhjted
spring closer ; 3 acting against the circuit point 4,
:and'tlie lidok ehd,l5lof the lover ?«., so that when the
key l. is dosed, the lever u. moves the spring. 3 into
contact with 4, closing the circuit from the battery b. j
through 4, 3 and tho wire 0, to the helices b. and c.,
and at tho same time breaking the loon, tact of 3 and 5,
anil hence cutting out the ground wire 8 from the
lever u. ; but the moment the lever u. returns to its
normal position by the demagnetizing of w., the
spring 3 closes tho circuit at 5, just before separating
from 4 ; hence there is always a metallic circuit com¬
plete for the pulsation coming from tho distant sta¬
tion, whether tho circuit of the sending battery o. is
opened or closed.
20?
0. In- order to balnnce the action of the sending
■current that divides at 10 and passes through b. and
c.; I introduce, in connection with the helix c., an
.artificial line, equal in resistance and conditions to
the line 1c., hence compelling an equal current to pass
through b. and c. •
To effect this, tlie resistance r. is placed in the
rund connection from e., which resistance should
adjustable, so that the rheostat or resistance r.
equals the line ; and in order to set up in c. a counter 207
magnetism equal to that set up ini., by the static -
from the line, I make use of the electro magnet l.,
placed in a shunt that passes around c.
10. By this construction of compound differential
indnetion coil and the arrangements of the connec¬
tions, the inductive effects o£ pulsations from the
sending instrument are balanced and neutralized,
while the pulsations from the distant station operate
•the receiving instrument.
II
_ _ g
60
I claim as my invention :
1st. Thu compound differential induction coils a. b.
c., in combination with the polarized relay/., and the
circuit connections, substantially as sot iortli.
2d. The artificial lino, composed of the rheostat r.
and magnet and ground connection in combination
■ivitli the compound induction coil and line connec¬
tions, substan tially as set .forth.
Signed by me, this lOtli day of August, 1874.
Tiios. A. Edison.
Witnesses, •
O11A8. H. Smith,
• Geo. T. Pinckney.
67
CASE No. 06. . .
Application and Oath as in Case No. 94.
SPECIFICATION.
To all whom it may concern :
Bait known, tluit I, Tliomns A. Edison, oE Newark,
in the- County of Essex , and. State of New- Jersey,
have invented an improvement in duplex telegraphs,
of which the following is a specification :
tile Daiance is uisiurueu. m ^
through which botli the received mid transmitted 3U.
pulsations pass, and the connections are made so that
the action of the current sent is balanced, while
that coming from the distant station is operative to
work a balanced relay and local circuit or sounder.
In the accompanying diagram drawing, the battery
a. b. is connected at one end to the line wire c., at
the other end to. the closed key e., and in the middle
to the ground. .
The connection 3 from the key e. to the line c.
passes through the induction coil and core /., and
there is a second induction coil g. around the coil f.
that is in a shunt between the line connection c. and 313
the branoli h. to the ground, in which branch h.
there is a resistance k. that is adjustable.
The line connection c. bifurcates at passing
one way through the helix l. to tile ground branch
h and the other way through, the helix in to the
main line s. The eleotro magnet l. TO., being wound
in the usual way, will not respond when the commo¬
tion is made in the middle, because the current
passing from c. goes oneway through one helix, and •
the other way through the other, polarizing the oores, 313
so that the armature r. is not attraoted. It is im¬
portant that the resistance of the branch 7t. and
rheostat k. should be about the same as that of the
main lines, so as to o'ause the eurrent.to divide equally
It will now be understood, that any current from
•the distant station, passing through the magnet to.
in >1 . will r.iuisn the armature to
:l
214 through tlio helices or not from the Bunding station,
and this electro inagiiet m. and armature act ns. a
relay to operate the local circuit s. and sounder l.
The liiaiii battery, it will be seeii; is iii a local
circuit, where the key e. is closed ; lienee, if both
sides are equal, there is iio current passing upon the
main line ; but when the key c. is open, the Ipcal
circuit is broken, and the portion a. of the battery
sends the pulsation through Z. niid m. ail'd lipoii the
line s. to. the .distant station, tvliero tlio, pulsation;
passing through «L; operates the local iind sounder
or receiver, the portion through l. returning through
a. through the branch h. and ground.
, Wheii the key e. is closed, Uib induction coil f. is
charged, and it discharges when the km' a. is opened ;
the helix 9 that hiis.beeii charged by liidiictioh also
discharge-s and sets up iii l it current that equals that
resulting from the static charge of the line, iind the
reverse currenis are. produced in tliti induction coils
• as the circuit is closed at e. ; thus sucli induction coils
serve to neutralize or balance tlia effect of the static
charge; and prevent tiny false pulsation bn the niaill
j>“V resulting from the retni-n static charge acting:
210 It will be apparent that tlio closing of tlio key e.
and the connecting of the battery b. with the liiie,
tends to set up in the. line aiid to eartli currents of
opposite polarity to those resulting from tint liattory
because the positive of tlio one iind the negative
ut lelV‘lio..,b. .the giotihd and lino respectively;
and this tocal circuit a. a. 3 a. b. serves to maintain
an, iinbrbkpn connection that offers biit little resist-
Wkii'l? .• ‘?vpi!'^i01f tho, disthrit instrument
passnigto the earth; and the resistance is iieiirly h'ni-
received; whether thian is a'cur-
rent that is being-sent oi' not.
217 I claim as my invention :
kalhuy in ,'n local circuit connected to tlio
l iTnt" 'V'"-°n1 m* “WthrtJwMkw*, it finger key in cohl-
Wnation with the magnet l fn:, branch *., and resist¬
ance A., and the reduction coils f. 'n.\ the parts Vjn'e-
rating substantially ns set forth, P ?P
Signed by me this 10th day bf ftiigBst; A:. D. 1874
. AVitiiesbetL ‘TUos. A. Eniaorr.
CnAs. H. Smith,
. Geo. T. Pinoknuy.
TJ.Edijon,,; -
Zhmlex 7e/£frajih,
Filed pept./, .
218
To all whom it may concern :
i Bij it known, flint i, Tiibnins A. E(lMon,„pl
T&bgrhplis! df which tlio following 1b a specification :
2. The iinhsihitting battery is commoted with the 210
line bv a lever, that simultaneously breaks the eaitli
coiiiiectioii so ui nbt io interrupt the continuity of
the circuit ; the current sent divides anti opeiatts
equally In two helices ; lit one helix tlieie is a slid
fife core that moves With the armature of the o liei
Infix, and this latter, responds to the I
the distant instrument, and closes a locpl ,5 lll(^ ;ia
founder or other receiving instrument, , and there is*
Jbversc nciion of. tlio static^iscliarge, thereby caus¬
ing the forces to be accurately balanced.
8.- In the diagram of tim drawing, the tiansmjtog 220
key a. opens and closes the locnf circuit of battuy
h. to the helices of tlio electro magnets, c. and cl.
4 The lever e., ' actuated by. the armature c.,
closes .the line. connection/,, .from t'le battery fj.,
lust before breaking the.enrth circuit of the lino at li.,
spUmt there is always a path for the pulsation from
Vh'e distant station.
' 221
not rt^woViyk'iMImoiXl^ Hint (bo lovor o. will
"sstr-iMtS3-
i^asyipiiBJ
"tea isxttr1^5 '^T
closed at a.. an?l tl u an n ?"l whIPn tha c'.rrent is
lienee this spring Sisahltt 1>mv.or oC tllB spring 3,
• magnetism im ?o tl1G Bbh,(- re3isl the increase of
when tlio circuit is closed anrl f“,Klltion of the line
i-fmol tlio static date'1 ^ compensate for the
woken, thus leaving h, a ®e* as the circuit at// iq
enced by the currJJrt sent^T1 1 ontW uninflu-
I Claim as my invention :
'• First. The magnets l. m., tlirongh which the cur- 226
rent sent passes to the line and artificial line, in com¬
bination with the nrmaturo lever o. anil sliding core,
substantially ns specified.
Second. The electro magnet e. d., in the local cir¬
cuit containing the circuit Breaker a., in combination
with the circuit closing lever l., notched armature
lever?*., spring t. and armature lever o., substantially
Third. The mechanical compensator, consisting of
spring t. and notched lever a., for neutralizing the 227
effect of the static charge in a duplex telegraph, sub¬
stantially as set forth.
Witnesses,
Chas. H. Smith,
Geo. T. Pinckney.
tliis 10th day of August, A. D.
Tjios. A. Edison.
T.AEdi;oxtA€tf&
JJujilex Telegraph,
Filed pplJ, ■
CASE No. 07.
228
To all whom U may concern :
Bo it known that I, Thomas A. Edison, of Newark,
in the 'County. o£ Essex and State o£ Now-Jersey,
liave invented an improvement in duplex telegraphs,
:0£ which the following is a specification :
Two batteries are employed that are balanced by 220
rheostats, and the static charge, compensated by an
electro magnet, and the same poles of the batteries
:aro connected at opposite sides of a receiving or relay
magnet, lienee the batteries neutralize each other in
the constantly closed circuit.
A shunt wire, with a key or sounder between the
centre of the combined batteries and tile earth circuit,
serves to destroy the balance of the batteries, allowing
the one-halt to act on the line, but the receiving mag¬
net or relay is at a neutral point, where action and re¬
action are equal, except for the current from the dis-
.tant station ; to this it responds .with delicacy. • 230
In the diagram a. and b. are the batteries, connected
in opposition to each other, at c., and provided with
adjustable rheostats at <Z. e. 1., and one part of the
oircuit passes to the line J., and the other to the
earth circuit at g.j the line /. and earth .<7. are con¬
nected with the electro magnet//.., the armature lever
of which opens and closes a local circuit to a sounder
■or receiving instrument. ,
The rheostat r. is of resistance equal to the line,
and in the connection s. from 0. to g. is. the finger
k^hereT oircuit closing lever is used it may be the 231
• lover of an electro magnet /., or sounder, operated
by a local circuit and key nt. . „ ..
When the connection s. is open, the currents of the
batteries a. b. simply neutralize eacli other, the
rheostats b. and e. allowing only equal currents to
•reach /i., which currents, being of the same polarity,
-and opposed to each other, produce no effect in /t.,
Case, No. '.is.
230
To all whom, it may' concern :
Bo it known, that I, Thomas A. Edison, of New¬
ark, in the County of Essex and' State of Now-Jer¬
sey, have invented an improvement in duplex tele¬
graphs, of which tho following is a specification :
Tito main battery is in two parts, connected in re- 237
verse in tho line circuit ; in tho same circuit is tho re¬
ceiving instrument or relay, to which is connected a
local circuit and sounder. •
OtiB'hnlf of tho battery is short circuited at tho
sending station by tile depression of the key ; simul¬
taneously with this depression, a local circuit is
Closed, and a reverse current sent from a battery
through tho receiving magnet, and in that circuit is a
rheostat, that is adjusted so that the elfect of the bat¬
tery on tho line is neutralized in the receiving relay
at tho sonding'end, but tho battery at the distant end 238
is free to net at tho receiving station.
At the same time, the effects from the statio charge
in the lino are neutralized in the receiving instrument
by induction. .
In the diagram, a. is the line passing through the
electro magnet, b., tlmt operates a relay or sounder.
Tho connection from b. is through the battery c. a .,
or local circuit i. 1. *., to tho earth. The batteries
c. and d. oppose each other, and being equal, are
not operative in b. „ ,
The key l. is in a local Qircuit, in which are the lie-
lices/. g., and when the key is closed, tho electro
■ magnet ft. attracts the armature and lever 7i., dos¬
ing tho circuit •/. *., to the .centre of the batteries
c. d., hence short circuiting c., and allowing d. to act
in the line. „ „ , • . ",
In order to compensate the action of the battery d.
in b., the local battery l. is used, and the local circuit
. from l. through the insulated spring m. and rheostat
to the line a. is closed simultaneously with the short
240 circuiting ot a., mid this rheostat r. is adjusted, so
tlmt tlio action of l. in b. equals tho action ot d. in b.,
and being in reverse, tlio forces aro neutralized.
The helices/, and / being charged and discharged
simultaneously, there is an inductive current sot up
iq the core of /. and the helix and tlmt gives a
secondary charge to the helix o. that surrounds the
core of b,; and hence, when c. is closed, the secondary
effect in w. nentinlizes tho static effect, ns the line is
charged, and as the circuit at tho hey e. is broken, a
241 reverse induction current is set up in u., neutralizing
tlio discharge of the static charge of the line, the
helices being wound so ns to produce this reverse
and neutralizing effect in the core ot the electro mag¬
net b. by the helix u.
I claim as my invention :
First. The local equating battery l. and rheostat r. •
connected to the line and to the receiving magnet
"•> ") combination with the batteries .c. d., shunt?',
242 set forth* snbs,anl'a"y as a,K\ for the purposes
Second. The magnets/, and g. and induction coils
u. o. in combination with the magnet b., batteries
c. a. and shunt circuits, substantially ns set forth.
. Signed by me, this 10th day of August, A. D. 1874.
•Witnesses, (Stl') T,,°® ^-Edison.
(§(}•) ' Gko. T. Pinckney,
(Sd.) Oh as. H. Smith.
TAEfyM,^^.
Bujilex Telegraph,
rusdpegt 'j, /fpj .
& JFn.-ire?tioT
J/umaJ CL. Sa Wt,
07 7
PdOfiTliT- ,W3.
CASE No. 00. 243 ,
Application and Oath, as in Cask No. 04.
. To all whom, it may concern : •
(1.) Be it known, that I, Thomas A. Edison, of
Newark, in the County of Essex and State of New-
Jersey, iinvo invented an improvement in Duplex
Telegraphs, of which the following is a specification :
(2.) The object of this invention is to enable two]
operators to simultaneously spnd over one wire in 2*4
one direction by reversal of a battery current in one
instance, and increasing and decreasing the strength
of the current in the other instance, and the con¬
nections are so arranged that the party at the re¬
ceiving station can signal to the sender to repeat, in
case of inaccuracy.
(3.) By duplicating the parts herein described,
four transmitting operators and four receiving opera¬
tors cnn work simultaneously over one wire, two of
each being at each end.
(4.) In the diagram Fig. 1, I have only shown the
transmitting apparatus for two operators at one end
of the line, and the receiving apparatus for the two
operators at the other end of the line. Fig. 2 is a
diagram representing a modification of one portion of
the circuits.
(5.) The battery a. h. is composed of unequal
elements. Suppose a. to represent seventy-five
cells, and be twenty-five'colls. 240
(0.) Tile key c. isin a local circuit, tlmtoperates the
magnet d. and circuit changing lever e., so that when
the circuit c. is open, the battery h. is out of circuit
and inoperative, but the continuity of the metnllio
circuit is maintained through 4 l. and 5 to the re-,
versing key /. next described ; and when the key c.
is closed, the entire battery a. h. is connected through
247 the insulated spring 2 and wires 8, 0 and 0, to said
key /., and lienee the operator ot c. controls tins
amount of battery connected to ’the line, and this
change of power operates nt the receiving station, as
hereafter set forth.
(7.) The key /. is made for reversing the battery
connections alternately, whether the whole or only
' a portion of the battery is thrown upon the lino by
the operator of c., and this key/, is operated by the
248 electro magnet </., local circuit and key Ji. ' .
: (8.) When: the key h. is open, ns shown, the
current from C passes by 10, 11, 12 and 13, out
through the tell tale magnet k. to line l. and the re¬
turn is through ground to 14, spring 15, lever arm i.
10 and 3.
(0.) When the key /. is attracted by //., the
249 circuit connections are reversed, so that the current
from fi passes by 10, in and 14 to ground, thence
returning through li ’ ““ *~ ^ ■* ■ • '*■
;h line l, 13, 12, lO and 3 to battery.
(10.) By bearing in mind that one operator at c.
makes his signals by changing the amount of battery
power, and that without breaking the metallic circuit,
and that the operator at h. signals by reversing the
circuit regardless of the battery power, and without
breaking the metallic connections, hence both parties
0 can work .without hindrance from the, other, it now
becomes necessary to show what iiistruments at the
receiving station are .employed, the one to respond
by the change of battery force, regardless of polarity,,
and the .other .to respond by change of polarity only,:
regardless of battery force.
(11.) The polarized relay magnet. m.. is in the line
«., and is made with a permanent or magnetized
ai mature, hence it will only respond when the circuit
il ‘8r and when it does respond by the reversal
?vn lT; , uUtry' of the armature lever
woiks a local circuit and sounder ..
circuit ^1?*” W °‘ ia tlie main line
oil cul t that passes by 20 and , key p. to tile earth-
The .normal condition of this key p. is olosed but
whenever either of the parties rccefving peSs any
inaccuracy or interruption of; the message, then the 202
parties sending are notified by either receiver break¬
ing the circuit at tin* key p., and tile tell tale magnet
i*. no longer responding to the pulsations of the key
7«. ore., indicates to tlie senders that the circuit is
broken, • ' "
(18.) In order to produce a receiving instrument
. that is operative only by the excess of the, current,
the spring of the armature s. is tightened to the
proper degree of tension, so that the magnet o. will 253
not respond, except when, (lie closing of, the key c:
brings the entire battery a. b. into action.
(14.) If u reversal of current takes' place when tlie
entile force of battery is on the magnet o. there *
occurs a false movement of the armature s. To pre¬
vent an incorrect record or sound, the local circuit
and receiving instrument are ipadens next described.
operative in tlie receiving magnet or sounder t., ai._
hence tlie armature of t. only responds, when an. op¬
posing current is sent through t. to neutralize the
current of w. and demagnetize the core.
This is effected by battery v. and circuit that is closed
by the lever s. on the back movement. Hence when
«. iq attracted by o., tlie circuit of v. being broken,
allows; %. to ac( unbalanced and; give the sound;;
bujt should «. fly back on;reversing.tli'e current it will
be so, instantly, reattractedby o. as to prevent the cir- 265
cnit of v. being closed long enough. to- neutralize the '
action of u.
Heneethe.signals given, by the operator; at. c. will
be. co^reclJy, responded, to, by, the, receiver f.
• Wi ?be dipgippj, Ifig., 2,, slio>ys a modification of
the ; ryoeiyihg. circuit tp.prevent n false iiidiea.tipu at •
the receiver. ' ' .
The armature s. operates tlie circuit of the battery
a..td tlie electro. magnet <?;, bind tin) armatufe'df'o.' 255
closes 1111,(1 opens, the circuit of u.‘ to tlie receiving
instrument or'sonnder t., and as the magnet o,‘ is
rather slnggisli in movement, its armntiire does'not
have time to move and break the, circuit v. before the
armature again flies back, should- the circuit; connec¬
tions have been reversed while tlie key c. is closed.
267 I claim as my invention :
Jnji Mrst. Transmitting two distinct messages over one
I wjro in the same direction and at the same tune, one
ilk operating by reversal o£ the battery current and the
other by increasing or decreasing the current from,
• the battery. .
Second. In a duplex telegraph the polarized mng-
■ net, and an ordinary magnet in the same circuit, when
258 arranged substantially as speciiied, so tllnt one re¬
sponds to change of polarity of the current and the
other to an increase and decrease of the current, sub¬
stantially as set forth.
Third. Tho'arrangeiiient of two keys c f., battery
a. b., and reversing circuit connections, substantially
as set forth, to bring into action the whole or n por¬
tion of the battery, and to reverse the polarity of the
current passing on the lino without entirely interrupt-
2®8 ing at any time tile metallic circuit.
Fourth. The reversing key /., made with the nnn
springs 12 and 16, and circuit closing points 10
and 10, substantially as set forth.
Fifth. Tile receiving instrument or sounder in the
f-fatj constant circuit from the battery it., in combination
r with tlic balancing local battery a., circuit and circuit:
• 1 closing armature s.. and electro magnet o., substnn-
200 tially as set forth.
Sixth. In the duplex tolegiupli, arranged for send¬
ing two separate messages simultaneously in the
same direction and from the samo end, the. cirouit
breaking key p. at tile receiving end ued '.the tell tnlo
magnet 7e. in tho- line at the transmitting end; for the
purpo^o sot forth. . . . . .
201 Signed by me, this 10th day of August, A; D. 1874.
Titos'. A. Edison.' '
Witnesses : . .
Cii as. If. Smith, .< '■■■■'■: < -i
GKO. T. PtNOKNEY. ■ • IP
To all whom it may concern :
Bo it' known, that I, Thotiins A. Edison, of Newark,
in the. State of New- Jersey, have invented an improve:
meat in Duplex Telegraphs, of wliieli the following
is a specification :
Where two persons are sending and two receiving,
one at each end, the entire line is sometimes deranged
by a signal from one of the receivers to repeat. My
invention is made to allow either party that is recei v¬
ing to interrupt the person sending to him, so that ho
is thereby warned to repeat, and that without inter¬
fering^ with tho. other message that is being sent or re¬
in" the diagram drawing, a. is tho line, h. the re¬
ceiving relay 'instrument, cl. is a helix around tho
same core as 6., and this helix is in a circuit passing
to tlie artificial line and rheostat e., and this rheostat
is to be adjusted to equal tho line, so that tho pulsa¬
tion from tho sending station, acting in reverse in the
helices b. and d., produces no magnetizing effect in
the core, but tho pulsation from the distant station,
padsing along a., acts in b., unbalanced, and either
produces the sound by the armature magnet, or else
works a local circuit and sounder.
The pulsation, received from the distant station
passes by 'if. and 4 to tlie earth connection.
The lover/, is operated to give the pulsations that
are sent npon the line, and those pulsations divide at
6, passing equally through tlie helices g. and /t.,
thence through the helices b. and cl. aforesaid.
Tlie helices/ and h. aro of a differential polarized
relay, tlie tongue or polarized armature lever L of
which forms a circuit breaker in the local circuit * l
to., and in' this circuit tlie key l. acts to open or close
the circuit, and by tlie electro magnet to. operate the
lovor/. and send the pulsations upon the line.1-
Tlie main battery o. is connected bv wires 10, 11,
to closing points 12, 13, nnd tlie reversing lever r. has
sm-inga 14. 1(5. and an insulated, arm s. VVlien the
8 SithdJ
. dividing, part returning thr ugh c « « *„»,
going to distant station, tlitiito ) , ^ ]
fvlmncn the united currents puss by 3, 18, 1«, -!«.
r. 13 mid 11, to tiro buttery. ... to
esLMAffltfagftjag. o
tnine/in Urn normal poshion rvitl. the _circi.it of
07 »>., closed regardless ot whether tlio cunuit jm
reversed or not, but the current from the distant st.i-
tion only acts in </., hence tlio polarized tongue is
ch.ng.d t.) tl,e reversal ot tl.e battery connection at
the distant station, so that it the receiver olos.s e
key he does not interfere with, the party send »g
by tlio key l, trom his own station, but the battuy
connection being reversed, tlio. ■differential relayn1
the distant station is changed by the change of po¬
larity in </., and the party sending the messngo is.
warned to lUeat, by the tact that Ins own magnet m.
does not work, because the polarized tongue lias
broken the circuit of the magnet m, and it will not
208 respond to his key l. It is to he remarked, that he
receiving operator only closes his key o. sufficiently
long to give the signal, aiid then releases it, so that
the parts resume their normal condition to allow ot
tlio message being again sent to him.
The reversal ot tile polarity at the sending station
does not. change the balanced condition of b d, nor
make any difference in the action at the distant sta¬
tion, because that .current 'sent is operative in b. at
the receiving station, whether of one polarity or
the other! . '. ...
I claim ns my invention
®00 The differential polarized relay . magnet g h, and
; ; local circuit containing the key l. and magnet m., in
combination with tlio reversing key r. nnd circuit
connections, .substantially ns set forth.
Signed by me, this 10th day of August, A. I).
1874.
Thomas A. Edison.
. Witnesses :
. OnAS. H. Smith, • •
Geo. T. Pikokney.
JJujilex Telegraph,
Hied pept.l. Iff/, .
CASE No.
270
To all whom if mat/ concern :
Be it known that I, Thomas A. Edison, of New¬
ark, in the State of New-Jersey, have invented an
improvement in duplex telegraphs, of which the fol¬
lowing is a specification :
The object of this invention is to more perfectly 271
balance and neutralize the static discharge of the line
so that tliero will not bo any falso pulsations.
In the accompanying diagram, the pulsation is
given at the sending station by the circuit preserving
key a., battery b. and connection c., to tlio bridge
wires de., between the line/', and earth g.
In the portion d. of the bridge, is the electro mag¬
net n. and rheostat 7c., and iu the portion e. is the
electro ninguet l. and rheostat in., and the receivin
instrument is placed in the circuit 2, between the two 275
portions d e. of tlio bridge. Said receiving instru¬
ment is made of two electro magnets w o., that “io
placed at opposite sides and ends of the armature
lever p., so as to act thereon in unison with each
other, and the cores of these electro magnets are ex¬
tended and surrounded with the additional he 1 oes r.
and s. that are in a local circuit from the battery t
nnd provided with a rheostat «., the object of tl s
being to set up a sufllok t g t z g |
helices of thelocal circuit, to neutralize in the con s 27,
the magnetism that may result from permanent cut-
rents upon tlie line, thereby balancing, such oni u its
and leaving tile receiving instrument free 1° respond
to the pulsation from the distant instrument. 1 his
local circuit and helices also servo to neutializemiv
residual magnetism in the cores. . ihis aiiiirioOme
of electro magnets and helices in n Joca1 citcuit is
not herein claimed, and it is set forth in a prev
or bridge oirouit I «. 2, .a secondary ourrent.wheii the
all whom it may concern
1. Be it known, that 1,'Tliomns A. Edison, of 278
Newark, in the County o£ Essex ami btato of Eew-
Jersey, have invented an improvement in duplex
telegraphs, of which the following is a speeihcation .
arfiliciai^lino comieSidlo a bridge, and a resistanco "
and condensers havo been used in such artilicial lint,
but the artificial lino does not properly represent o
telegraph ' line, and there m e inaccuracies i the 2?0
action of tlie artilicial line, arising from the f >U . that
tiio energy of tlie current sent is greatest neai t ie
sending station and diminishes toward the reco r mg
station, and tlie re-aetion or static discharge s n e
same proportion, tlie last portion thereof bung the
weakest ; but in the artilicial line, the condensers dis¬
charge so nearly simultaneously that the t c J ?
charge from them does not properly balance the static
discharge' from1 the line. >,
''8. 'The first portion of my‘ present in vbntibn relates
to the- arrangement of ' the'Condensers and ilieoStats
'composing the artilicial' line. #
4 The condensers a a. are divided up into two or
nio^nrts, prefettbly fbt.'r.toaho^itf Wefflt^m^
‘aiid ’theV'a're eiibli connected will; the earth by the
'wires ’2‘2,''tind also to tlie line or dares of'tlitbnd^
and‘in'this!llino ednneot on ' there bro ‘lie mnall oi
divided' ihedstats or resibtances b bj m "PM*® g 281
poVtlbn tlio amdtint ‘qf' buhdnt to woh oJ? ,tl e con^
aehsers,1 so thiif’.whew
denser’ tuarest to the 'line; will dibolmige witn t m
'Sto?'force"iilid liiilancp- tlio
ntsf ithrt 'of the1 1 ihe; and; fhdn .ihe nff
-=2Ss£iS!3|;
tween the actual line/, and the mt.hc.nl line 0
so that the pulsation from c., dividing
goes through 14, 12 and 13, as well as tliro ug . h. »>>d
t. the result of which is that the cores of
highly energized than of »., and the
secondary current set up in c. by i. is liicii.
275 whatever extent may he required to cqunl the stnt
discharge from tlie line circulating through (l. and in
receiving instrument.
I claim as my invention :
The electro magnets n. and l., placid in the bridg
circuit between the sending instrument and the dim
and artificial lever respectively, in combination wit
the second artificial line 12, and tlie helices
• the cores of the electro magnet /., for the
set forth.
... Signed by me, this 18th day of Janunry, A. D.
<i7U 1875. ■
Thomas A. Edison.
Witnesses: ’..i
Geo. T.Pinokney,
Chas. U. Smith.
70
i more distant part ot the lino,
o£ the lino. ■
6. The aforesaid mtir.ei..l line is adapted to any
arrangement ot duplex or.othcr telegraph, and o
oueoiul feature of the present invention relates to tho
arrangements oE eletro magnets and galvanometer in
the bridge or divided line. ■ ; .
83 0. Tim line rZ„ wires c e„ and connections Cronr P
to 0 form the bridge, and in the bridge wires e. are
tho rheostats f f. and electro magnets </. <7., and
these electro-magnets neutralize the effects oE the
secondary currants from the receiving m iguets plnced
1 dm n 0 uid b m the bridge, which, were it not tor
these electro-magnets and their neutralizing dis-
charge, would circulate in the circuit formed by e c.
5, 0, and cause the relay magnets in such circuits to
“stick” or respond too slowly. The rheostats j.J*
should he adjusted to properly regulate the resist-
284 7. The doubled coiled receiving magnet 7t 7/.. - is
worked by increased or decreased current from the
distant station. X lind Unit it is better to divide this
magnet into two parts, so as to uso short spools and
obtain as great or greater power with less resistance
than would arise it the whole ot tho wire was coiled,
on one core, and these magnets h 7t. are nt. opposito
sides ot tlie armature lever i. and its fulcrum, so as
to net in unison.
8. There is a second coil or spool k k. to each core
28D ot tho electro magnets U h., in a local circuit, with, a
battery l. and adjustable rheostat m. The action ol
these coils is so adjusted by. the rheostat that any
currents that may leak into tile line from the ground
by' imperfect insulation or otherwise are neutralized,
lin'd for tills purpose the poles of tho battery are to
bo properly connected, according tortile chai-uoter.of
.the current leaking to .the lino; thereby tlie line. is
better adapted to quudruplox transmissions, because
it tlie action o£ tlie current from the distant station is
. varied by its strength being increased by an addition
opposito polarity, the effect is neutralized by the
local circuit from 7., and the coils k acting upon
the Cores of the magnets h 7/.., in a way to balance
tlie effects on such cores by tlie leakages oE the line.
; 0. The armature lever t. operates tlie local circuit
of the battery o., and in this is tho - sounder p., for
receiving from the distant station, and to tins sounder
is also connected the local circuit ?., ns explained in
one of my previous applications for patents ; in this
case the sounder p. responds according to the pulsa¬
tions from the distant station, whether the same is a
rise or decrease of tension ; so nlso tho sounder r. in 2E
tlie locnl circuit from r. is operated by tliu' polarized
nmgniitf., according' to tho reversal of tlie currents
from the sending station, as before explained in my
previous application.
. 10. Ill the circuit between C and 0 is placed a
second polarized magnet 7., and its armature is oper¬
ated only by the revel-sill of the current, and it
opens and closes the circuit through the retractile
magnet u. This magnet v. takes the place of a
spring to draw back tlie armature i. It is known
that when a reversal of the current takes place in nn 21
electro magnet, there is a movement ot neutralization
or rib imigiietism,' lienco ut that moment a spring, it
used, .pulls tlie armature back and produces a false
operation in- the quadruples telegraph especially.
The tongue of tho polarized magnet 7., m the circuit
of -tlie permanent retractile magnet being moved
by reversal of current oil tho iiinin line, opens the
circuit u. momentarily; mid then closes the samo so
ns to neutralize us far as possible the risk of a false
movement' of •/., by breaking the circuit u. at tlie 2
instant of reversing the polarity.
, 11. Tho galvanometer at «., and a switch as., .to
place it in circuit, is useful in. the adjustment of tlie
rheostats and the balancing of tho electric energies.
When tho resistance of the artificial lino is equal to
• that of the main line, there will not bo any current
through tho bridge, lienco tlie galvanometer will re¬
main uninfluenced.
•fis: The finger keys 10 and 11 are employed to open
290 and close local circuits to I °ircii?tprosorving
13, and these, n vu ; ^ with the two-part
ner, similar to tlmt heretofore P1 ^ by the rc.
that one operator’s messaso « ““„ad tlfu ot|lUrs
^ufe tall in .the tension ol. the.
current sent.
201 I claim as my invention :
First. The artificial line made of
estate b and divided "n^aS by the pc
line, substantially as set forth.
202 from the eliTctro magnets placed between SandO.n
the bridge, substantially as set fortn.
Third. The retractile, magnet «•- oombmed 'vdh
the magnet It., and polarized magnet t , that acts
momeiltarily break tlio circuit n. when the reversal
of polarity takes place, substantially as set forth.
k 2fl3 Signed by me, this 14th day of December, A. D.
Witnesses :
Geo. T. Pinckney,
Oh as; H. Smith.
Zhi/ilex Ttlepraji-h*
TVedUed.U,/^.
CASE No. 113.
• Application and Oath, as in Case No. 04.
SPECIFICATION.-
To all whom, il viay concern :
•1. Bo it known Hint, I, Tliomns A. Edison, of New¬
ark, in the County of Essex and Stato of New-Jcrsoy,
have invented an improvement in quadruples tele-
graphs, of which the following is a specification : 205
2. The object of this invention is to repeat from
one quadra jilex circuit into another qundruplex
circuit.
. 3. In my .present invention , I make use of two
qundruplex circuits, in which the signals are made
by l-isuniid fall of tension in one relay magnet, ilild
by change of polarity in tlio other relay magnet,
which is polarized ; the inode of connecting and
operating liavo been fully set forth in applications 20C
heretofore made by me. The present improvement
relates.td the connections from one qundruplex tele¬
graph to another, whereby tlio circuits work into and.
operate each other, so that the messages are repeated'
automatically in one circuit by the receiving lnstriK
meat of the otlier circuit, instead of tlio linger key
bhing operated by liand.
4; The entire apparatus and connections for repeat¬
ing, as aforesaid, nre sltown in the diagram, which,
although -it appears ' complicated, is very simple ; 207
one line Ti., comes for iiistance ft-om New- York, to
one, set of instruments at an intermediate station, say
Biiltalo; and the other line 11. extends to the distant
instriimeiits, say lit Chicago, in the other direction.
The keys diid instruments are duplicated and
exactly the same, only there are two distitiet sets ot
instruments. ; ■
Suppose, that a message over the wire L; from New-
York acts by rise and fall of tension in the relay
magnet M.; and that this message is repeated into the
sounder or teoeiving instrument g. ; if the switch au
& in .lie ^Til^
magnet c„ the switch of the hoy «• being c oscd
thereby, the message received nt M.„on om. nno,
repeated by c. and K. into the next line.
5. So, in like manner, the message received frpuj
New- York in the differential magnet D. M-,-
repeated in the sounder n. will go no fnrthu if the
switch 42 is closed, but if the switch 42 is °pe"> t
message will be repeated to Chicago at the kej , b. by
298 the nlagnet d. and key E. K that reverses U.e
circuit in the same manner as if the linger ki.y o.
were operated.
300
7. I do not wish to confine myself to any particular
arrangement of the various 'batteries ancl devices
employed for receiving, transmitting, etc., in a
Quadruples Telegraph. What I claim is :
First. In a quadruples repeater the combination
of the two receiving instruments in one circuit with
the two mngnets and transmitting devico in the other
circuit, connected so that signals made in ono circuit
will be repeated to the receiving instruments in the
other circuits, aiid nice versa.
801 _ Second. In a Qnadrnplex Telegraph a main line .
circuit divided and provided with local batteries and
circuits that operate the repeating instruments, sub¬
stantially as set forth. '
Third. The combination in a Qundruplex Tele¬
graph of the regular receiving sounder in tlio same
oircuit as the transmitting magnet Hint repeats the
message upon the other line, substantially as set forth.
0. Of course by closing the switch' 41 the message
coming over the line L. from Chicago, nnd received
in M. will bo repeated to New- York, and the same
thing will occur in relation to the message receivcu
in 1) M. from Chicago if tlio switch 43 is elosed.
Thus, one or more messages may be automatically re¬
peated in long lines without interfering with the work¬
ing of the other portions of the quadruples instru¬
mental!! either direction from the intermediate station.
Fourth. The, combination in, a, quadruples repeat- .302:
ing telegraph, 6, f. switches, or oircuit' connections for
dividing tlio local circuits , to allow, each qnadrnplex
line to work independently, substantially as set forth.
Signed by me, this 24tli day of February, A. D. 1875.
Thomas. A. Edison.
Geo. T. ITnokney,
Geo. D. Walkeii.
TJ. Ed i/an,
Ihi/ilex Te/dfrajiJi,
Filed Jflar.&s. Iff 3’.
THE ATLANTIC AND PACIFIC TELEGRAPH
COMPANY ' .
against
GEORGE B. PRESCOTT AND OTHERS.
Plaintiff’s Additional Exhibits.
MoDANIEL, LUMMIS i: SOOTHER, Ptff, Alt'.
POUTER, LOWREY, SORES is STONE, Deft!
lislied July 10, 1874. It is printed at pages 430-438.
Exhibits T., 'IV, T.* are the clieuks given by Mr.
UNITED STATES PATENT OFFICE.
Specification forming part of Letters Latent , No.
132,032, dated November 12, 1S72, re-issue No.
CpjOSj dated June 22, 1875, application filed March
To all whom, it may concern :
Be it known, tlmt X, Joseph B. Stkaiixs, of Bos-
ton, in tlie County of Suffolk and the Slate of Mas- a
sachusetts, have invented certain improvements ill
Duplex Telegraph Instruments, and circuits therefor,
of which tlie following is a specification :
This invention relates to an improved apparatus
for the simultaneous transmission of telegraphic com¬
munications in opposite directions upon one and tlie
same conductor or line-wire; and it consists of an
improved arrangement of connections whereby the
receiving instrument is so placed tlmt it will not bo
affected by the opening or closing of the transmitting
key at the home stuflon, while at tlio same time it
will respond, to the opening and closing of the key at
the distant station. It further consists, in tlio em¬
ployment of an electro magnet or other equivalent
3 device, at the home station, which responds to the
movements of tile transmitting key at that station,
while it remains entirely unaffected by the signals re¬
ceived from tiie distant station. The first named ob¬
ject is attained by placing the receiving instrument
at a neutral point or bridge, between the main line
and an artificial line, each of which proceeds from n
single point of contact common to both, and which
is connected directly to the transmitting lcey of the
same station. By making use of a series of artificial
resistances in conjunction with such contact point,
the resistances of the portions of the main line and of
the artificial line whieli lie between the common con¬
tact point and the respective points of junction with
tiie receiving instrument, may be 60 adjusted; witlr
reference to each other, that tiie said receiving instru-
r meat will be at a neutral point with reference to the
electric pulsations caused by the opening and closing
of the transmitting key at that station. The second
tion of the current of the main battery whenever the
key at that station is depressed, ana which electro
magnet may be used either to actuate a relay, or as
a sounding instrument.
In tiie accompanying diagram, one pole of the
main battery, M. B., is connected with the earth at
E., and the other with the key K., which is opened
and closed by the operator when transmitting a com¬
munication. A. is the receiving instrument, placed
Bl||jn the bridge*,?., and this may be either nin electro miig-
lllnet ora chemical insti-mcni, R. R.' are rheostats or
artificial resistances, and c. is a movable arm or con¬
tact point, acting in conjunction with the series of in¬
termediate resistances r rrrr., to determine, by its
position, tiie proportion of the current flowing from
tile battery when tiie key is depressed, which shall
pass, respectively, to tiie main line, C. (B y., and to
tiie artificial line, C. zE., so that tiie receiving instru¬
ment in tiie bridge wire, ,r ?„ will he at a neutral
point, so far as tiie effect of opening and closing the
transmitting key at that station is concerned, and,
thuetoie, such magnet, A., or oilier receiving instru-
ment, will not respond to the signals sent from that sta-
Af tno?’.?.b!u ,uollt?ot Poi'>h »n conjunction with a
seiies of artificial resistances mid a key or circuit
aafcasaart^ "*
sp'r,!.- sstf gw-*
torn lie currents set in nstton by tl.u k.yutttol
££b, sis v^asr^Hfe
ejwws!?a?«5 SSPje
z K \ no current will* pass through the *"Y\S do!
or the receiving instrument A., if the Key
^practice, liowuver, tlio resistances ot^Hic^juni^ 310
line, xy.y is found to bo subject to > vai l . lin« vo|dablo
arise from defective insntatwn niid otlwr unwoid u
causes, and such variations, if not » I jj. ^ ;t ;3
would destroy the proportion or > lt o branches
necessary to maintain between the diffi t b
°f This “compensation or adjustment is lwefembly^
effected by means of the movablo nrn t)
point C. iiy moving the point of contact to „ W °
series of resistances r r r r i r, mu 1,,-jiuch
resistance of the branch 0. ®. to ll A of ll 1 t tQ
O. z. may readily bo adjusted, so as to vely
tlio altered resistanceof tlio mam lino i. Y., , t]us
to that of the artilicinl or branch lino * E., a nd m nj
without difficulty, a balance may be lnnmtnm^ ^ gu
tlio receiving instru ment. If, now , u rV wjU
in action by tlio key at a distant stat on, «w i,
upon reaching tlio point®., iiud two 1 Peitl,er
it-one through B. and C, to the earth, at «
direct or through tile main battery, as the
be; and the other through tlio bl'idg° w 1 R • to C.,
ceiving instrument A., and thence by*. >“ t tho
where it rejoins the iirst mentioned route
portion of tho current also diverges at
and goes to tho earth by the way of this
but on account of tlio nmoli greater resistance uy^^
latter route, only a smnll portion of t ,yll0 ru.
rent arriving at x. will pass actuated by
ceiving instrument A.* is cQnsemu-iit y ,ju.oUgj| tlio
SOe
812 bridge wire x z„ when the key at the. distant station
is depressed. Tho rlieostat or artificial resistance
B > which is placed in the artilicinl line, between the
point z. and tho pole of 'the main battery which is
connected with the earth, may be made adjustable,
or tlie adjustment may be effected entirely by means
of the series of resistances Kr r r r B.
For the purpose of enabling tho operator at tlie
borne station to hear the signals sent by him, I make
use of an electro magnet, B., placed in tho artificial
line between tlie key and the pole of tlio main
battery, which is connected with the earth, so that it
portion of tlie current of the main battery, after it
divides at C., shall passthrough such electro magnet
and cause it to respond, and this electro magnet may
actuate a sounding or recording apparatus, either
813 directly or by means of a secondary circuit.
Tlie electro magnet B. may constitute a portion or
the whole of tlie resistance, which is inserted in tlie
artificial line between the point z. and the main battery
pole at E., and tlie adjustment of the different re¬
sistances is in either case made with reference
thereto.
' By the hereinbefore described arrangement, two
operators at stations distant from each other may
simultaneously make use of one and tho same lino
wire for transmitting different and distinct communi¬
cations, without either party interfering with tlio
signals of the other, and such signals may be indi¬
cated or recorded by means of any suitable tele¬
graphic receiving instrument.
I claim as my invention :
314 1. Aduplextelegrnph,hnvinga receiving instrument
placed between the main line and an artificial Hup,
and a connection from the transmitting key to both
sides of the receiving instrument, so that such re¬
ceiving instruments may bo at a neutral point with
reference to tho electric pulsations produced at that,
station, substantially as set forth.
2. A duplex telegraph, contniningn receiving instru¬
ment placed at a neutral point, and an electro mag¬
net in tho artificial line, substantially ns set forth.
3. I lio combination of the : receiving instrument
with tlio resistances B. R.' R.* in the manner and
for the purpose set forth.
4 The combination of the receiving instrument 815
ami tlie resistances B. R.‘ R.’ with a senes of smaller
resistances, r., ns and for the purpose set forth.
5. Tho combination of tlio receiving instrument A.,
with tlie electro magnet B., as and for the purpose
set forth.
Exhibit Z. 3.
, [USUAfi HEADING,] ^
Tilt) object of this invention is to transmit two or
more messages over a single wire at the same time.
The invention consists in tile arrangement of a
chemical receiving instrument, or instruments, and
transmitting instrument, wherein perforated paper is
used with batteries, resistance coils, and other devices
to ensure duplex or qundruplex transmission.
. In Figure 1 is shown a method of duplex transmis¬
sion with perforated and chemical paper.
. Tim figure is a sketch of the corresponding draw¬
ing shown in Exhibit P., and marked Fig. 1.
N; is tlietransmitting instrument, which consists of 3
a drum, strip of perforated paper, and contact rollers.
A B 0. nnd D. nro 4 batteries of equal power. A.
nnd B. are placed in the artificial line made up by the
resistance coil It., which has a resistance equal to
that of the line, hr nearly so. The like poles of tile
batteries A. nnd B. are connected together, and neu¬
tralize each other, so that no current is produced.
C. nnd D. are two batteries, both in the main line,
with their like poles connected together, and they
also neutralize each other, nnd produce no current.
When tlio short circuit formed by the wires 4 and
fi,_nnd the contact of the roller through a hole in tile
slip, is broken, no current is produced either in the
artificial line by A. nnd B., or in the main line by
Or and D.
The batteries C.. and B. are connected together
through a helix X., of the inductive mngnet Q., by
the wire 8 8 ; between the batteries C. and B. is con¬
nected a wire Z., to the chemical receiving instru¬
ment- M., and thence to the ground. This connec-
, tion is shown more plainly in Figure St.
. The figure is a sketch of the corresponding draw¬
ing shown in Exhibit P., and marked Fig. 2.
As the 4 batteries do not generato any current, the
chemical receiving instrument is free to record signals
from the distant station S., wliilo these signals are .
being recorded. If the batteries B. nnd C. are short
circuited: ( sen Fin- 1 Mm i,nssnm>nfn contact roller
■/
324 currents is destroyed. Tlio battery D. sends a
reSini ’In"*8 ' tl0<. li,,ei t0, tb,e distant chemical
recording instrument, and the battery A. sends a
current ot equal Strength through .tire artiliciai lino
„.s, lpS»wls «» receiving instrument M., the
cmrent from D. tends to pass tlirough it in a direction
opposite to that from A.,' as is shown in Figure 3
inJshmf,'.11;? of t,us corresponding draw-
mg shown in Exhibit P., and marked Fig. 3.
Hence, if the two batteries are equal no effect will
d”eP8i°^nl!:dr ' .'yh'd' will continue to record
l fi l li '71 tho distant station. Tlie current
unonin i'.t S° p!Ul3 °':el'.fl10, nmin Hie, and record
distant t' a T m,li,rly connected at tho
wire 'coin,?,S 17 1TrT i,!S t0 PiS"le 1. that in the
a helice o a Vo * battuncs p: «»d B. is included
fnl current vvl.e°(i° n}aS“'3t. which receives a power-
i™ rre* — — «
shortIScm-rem'nSr I!**1 f<?'' Hla l”"P^o of sending a
recorder Jf \vhen A^aml^r)1 l10,lgh tho cllemi“al
another curivnf «f «» ' •?.* ^H01110 actl™» and
become if.-icfin. °JLiU/i °l>Poslte polarity when they
effect of the * le l)lJrl10S0 neutralizing the
» s&feassisft
removed, the iron W 10,1 ^,0 s^ort is
Of the , ojjposit? poffit; is se;S^a,,d a °“™“
messngesover t1ies°unoVh'Ut-10H °f se"ding the two
the same time, one bv revirtni" '? ??me direction nt
tlie other' by a oarren\ana
ingsliolvn in Exhibit* P* (Cand* market?!Figf 4”^ draw -
positivoanl'negs^h^ currents orer'thbwh^! sun— nS
°* Perto‘' “tors are used ; tlie top row 827
b d/m i l a p?slr ve ?“n'Bat over tlie wire from the
bntteiy 4 and 5, while tile bottom row transmits
negative enrrents over tlie wires from tlie batteries 3
stvlns fi ewrents, -passing down the
tim V f ; tie chemical recording instrument B., at
tile ton8"1 st1atl?n }'ec0,d tllB characters punciied in
™™!.?iPsl0W’ T)u7'Vrllun„'.1 noSatree current is sent, no
recoid is made at B. Tins second row of holes also
nNnw 11° ?resorv? the continuity of tlie circuit, and
current*0 traas,nltter D- to “'crease and decrease tlie
in h7wiii’1Vi'0tidea t!iat 2'-oind wire is connected
in between the two sets of batteries, 2, 3, and 4, (5.
1 he battery.4 have 100 cells ; battery 5, 125 cells <?2fi
so -arranged, that when not short circuited by D 28
lfcl'iP?3 r ?oh. otlla1', 100 colls ia *• neutralizing
100 coils m 5, leaving only 25 cells to furnish current
terios 2 ami 13 ^ out with thu hat-
ireTrre1 3’ s?.tllat "r|le" the transmitting pens 10
;U'°,not 111 contact with the drum, the short
™ « b,:okua> aad partial neutralization of butte-
25tif 70n’^°a',l,1S bUt oetls connected to 0, and
Tlie current from cither of these batteries is in-
sufficient to make a mark on either recording point
7 v ,Ul? },ow resistance of tlie shunt R.
and magnet if., but the positive current from 5 of 05
ce s will bo sufficient to record on B. If. now the
thalmH°) 10'<tOt *?' .°0mu ia contact with tlie drum,
the batteries 3 and 4 art) “short circuited,” and the 320
O wim lfwrn, °r£ nlUTU'lt3 al?PPcd, lienee both 2 and 3
0 will not with full power, 1. e. 125 cells, and this will
H?» rt"?llMjr?t|lBr*ct at B. than to increase
.dipt" of the colors of tho marks, hut the increased
cuiiont wdt be powerful enough to allow n portion
to S S I- across the paper to 13, and thence
«im’ii° '-^“n3 i3.as'CBtch ot the corresponding drawing
shown m Exhibit P., and marked Fig. 0. D S
r *?? 1,1 line With each other, but
vuy close together, the record will be as in Fig. 0. •
830 The figure is a sketch ot the corresponding drawing .
shown in Exhibit P., and marked Pig. 0. .
Tlie double pens 12 and 13 may be dispensed with,
if a peculiar chemical paper is used, such as a decoc-
nrf ®''nzil wood and a nitrate or chloride of an
alkali ; for then it does not make any difference
whether oxygen or hydrogen is evolved.
A mark is obtained, certain combinations with
pyrogallic acid, lame and gallic acid will give the
same result. b
Ill Figure 7 is shown a method of transmitting
four messages over a single wire at the snrno times
two in one direction and two in another.
!s.?.!¥ch °l tllQ corresponding drawing
shown in Exhibit P., and marked Pig. 7.
331. Tim connections for transmitting are precisely ns
are all"'!1?'5' 4’ ^ 11 ,s“‘ ot «W InlSSEnta
; “ f0‘‘ receiving from the distant station at the
|t t0‘ “ 1 ,Iless»gcs are sent to the distant
in Hl,',fi?,.mCliivi"g l,,?tru,l"°nts» A- a,ldB-. are placed
iusted hV /P 'vllB,ol: a Wheatstone balance, nndad-
7|“ usual .way. “s hi duplex, so that tho
hem,1 1 U“ outgoing currents from S 3 4 5 are
balanced, and produce no effect on A. and 13.
Jfoise instruments are also inserted in the bridge
battm-ies Saga!!tr"S; ""'l kuj's nlH “ranged with tile
reversed nr it, ° !lt “1° 1 s,atl?n> so that they may be
miffing ' uuas“d antl decreased also for sig-
332 S r "Plu duP.lux', t0 bo worked with my present
832 ffiSKSK SftWS’.W 10 “
B 11., a resistance to regulate the shunt. ’ *
"tive charge to balnnco the static charge of the line"
R.‘ Is the resistance used to create an artificial lino. 83.
C. is the shunt magnet used for neutralizing or com¬
pensating for the static charge, due to the passage or
the current from the distant battery over the line.
Figure 0 shows a condenser X. in the bridge wire,
to obtain a more powerful compensation for tho dis¬
tant current.
Tlie figure is a sketch of tho corresponding draw¬
ing in Exhibit P., and marked Fig. 0.
I will mention, that any of my various methods i of
producing a compensation for the static charge, bo
at the receiving' or sending ends, may be »PP “J °
the transmitting and receiving instruments, m tlie
chemical duplex and quaduplex above described.
I shall probably claim ; 83
1st. The use of balanced batteries in ^ chemical
duplex or qnndruplex, when the balance , is desti°wd
or partially destroyed by contacts contiolled by per
fomted paper.
2d. Transmitting positive and negative currents over
a wire bv a double row ot perforations and two
versals mdependeiit of tension, and the otner g
record by rise and fall of tension.
4th. In a chemical receiving
two recording stylus side by side or 7 i s bv n rise
other and close together, to ieooid sig 'aly}L l”,
mnd fall of tension, when the currents ate ixing
staidly reversed.
- eth. In a chemical duplex or V^jgjx^SS
rent by miignetio iuduotiou.
0th. Tho combination of two chemical recording m-
“sHSS;“a
creasing the strength of the san>5 lnC,eaS,nS nnd dl-"
f ^asshowhi^pj. &nplwc' trans- '
. T. A. Edison.
UNITED STATES PATENT OFFICE.
rIS£Sf;“! S=» §™S'/„"r
IMPKOVKmunt WnBBWjW.,,10 BHDORDMO
^SSSiSSS&St «** **
338 2b «ZZ fo whom, it may concern :
in "the County o^Es Jv°aml si ?disof\°f Newark,
have invented an iSv*,,, ”18 ^’-Jersey,
R 0 1 fei I nts a [{ hoM'lodhH?™1?1'1? 1,1 Ic
to be a correct description thereof : *5 declared
paper in’dots'ancl dashls huldc at'tfe"?0" f ?tlip oI
ft frS5?2?
M“ rak»s ”'"»i ™»<ii js ussusssjw
apply ink to the periphery of said roller when in S
contact. ....
In the dm wing, Figure 1, is n side view of the
motor, and the parts moving the. inking apparatus,
and Figure 2' is an elevation of the ink recording
device.
The motor which I prefer and employ consists of
four helices, a. a ., acting upon a revolving armature
snstainedby the shaft &.,■ theelectricnl pulsations to the
magnets passing through the circuit-closing springs
d. 3., from a locnl battery, and the fan e. and point
/. acting to regulate the speed, as in my patent JSo.
111,112, granted January 24,. 1871.
The inking wheel A. is driven at a rapid speed by
tlie glaring k. to the shaft 2, and said wheel A. Is in
contact with tlie inking drum in., that lias an elastic
surfnce, saturated sufficiently with ink to keep the g
edge of the wheel A. in proper condition, this
wheel It. is, by preference, made of hard rubber.
The strip of paper passes around the roller «., being
kept in contact by the pulley p. and spring g., anti
the roller n. is driven at u sufficiently slow speed by
tlie pinion 3, gearing into the wheel r. on the sliatt 4
of said roller n. The pulsations of electricity to be
recorded pnss through the electro magnet either
directly on the main line, or through a branch circuit
or local relay. , , .
The armature 0. is upon the lever t, and the
weight is balanced by a spring, it. or otherwise, and
at (Tie end of the lever I. is the ink recording roller
v. In the normal position the spring it. keeps this
roller ». in contact with the wheel ft., but n pulsation
of electricity in the magnet draws down the lolloi, 3
making a mark upon the paper, and, according to the
duration of the pulsation, so the ink mark will he ft
The periphery of the roller a. sliould be of ns great
"length as the longest dash,, and tlie moment tlie mag¬
netism censes toliold down the roller the same
Hies up into contact with tlie wheel ft. to receive
more ink, and the speed of the wheel ft. should be
such ns to revolve the roller v. once each tune i it
comes In 'contact therewith, nd matter how rapidly
the pulsations are sent. Air mkmg bnnd m ght te -
poso between the roller®, and paper, but f p.iefei
the' device shown.
./
342 electro magnet, and acting to impress ink upon a
forffi pftper 111 dots and dashe8> substantially asset
h" in comb<nation with the
forth*! *" 1 0 C '° lnnsnet substantially as set
tion wm.intn!TS ivh(eel ll' nnd roIler »•> in combina-
tion will, the electro magnet s„ for moving said
wheel i, „n£ith° "'“Snetio motor for actuating the
forth1 d PaRBr I'oller substantially as set
Signed by me, this 12th day of August, A. D.
UNITED STATES PATENT OFFICE,
in™ ,^l)IS0,«r' ot Newark, New Jorsey, As-
?ashington,"D C “ GE0,!0E of
Specification forming part of Letters Patent Wo'.
id4,808, dated January 14, 1873.
4 To all whom it may concern :
irt of Letters Patent Wo'.
. wio uuonsuy ot tl
tj.ac rendering it unnecessai
that draws back the arrnatm
the magnet itself is adjusted
unnecessary to adjust thespring
H1.mat,V0’ baoruuo the power of
s adjusted so as to maintain uni-
Electro-Magnetic Adjuet
tenuity in the same, and consequently preserve tlio 3'
proper relations between the force of the spring and
‘’iSXn^^ablo connection between the
real' ends of the cores, and thereby vary tlie magnetic
tlii-rw will be but little power m tlio coiu even wlien
‘I'0 1'el^ci8 KS
sSfflfc £ r? x°p M
elec?ro*magnet l§''lessening tlio conductor that unites
with my improvement, -and Figure i is a sic
tlio same partially ill section. f lR,li(.es
latns- llle ?” „/?;£' to lie adjusted for varying its
ss&R ss*: -sashes
between the parts. Ibis adjust^ .is s0
the ends oltlie tens e., as syo y doUed liues m
a partial contact as unis magnet
jnster The ante effect is P in t &
or less into contact
with each other by the screw l.
I claim as my invention :
jSSSSSSrS^
as set forth.
Signed by me this 8th day of May, 18 <2.
b 3 T. A. Edison.
Witnesses: . • ■
Geo. T. Pinckney,
On as. H. Smith.
UNITED STATES PATENT OFFICE.
niPKOVlSMEST IN KKLAY MAGNETS.
SPw™°%£y'mfn0 P!‘rt °f Lell<™ Patent No
MarJ/ilt, 1S73. application filed
lo all whom it may concern :
me,,ts> of *Woh the^oll'owing is* a^pmHcatioii'f trU"
that the adjustment nf ' •It IS> however, fouiitl
the armature a . d I e bn ^ ni.u ’nf tl,,lt draw b:lok
by the spark are bo , ,,•<•?.« ir 5 °{ tl u “ontact points
My piWnMnvent on h XST?1 a,,,“V“»<M.
points burning out and fori™: v°‘ P^onting the
the retractile iu-mnture spring d,n® ndjustmul,t «!
irf micHs* ZS Z'T tP°i,lt3 wItW“ a
motion of one contTct mn water* 80 that tho
from the otl ra ses - ,, . 10 ,to- or f tl i
in the telegraph line and onor? tho e!?ot,io tension
without town in- i - a 4,sta,lt magnet
m In the draw inn- KIT .br<-‘a!«»S the circuit.
e. in one direction, and byUte sP‘inS
. I lie circuit cup a is mmln t, . 111 tl,u other,
ine, or other suitable “nuk/ S"1 \vat<;lVglycer.
screw or point i. connected^ witl.I?iith® bot-tolM *3 tho
and the movable point orserew 7 VU-U,t Yil'° *•>
the lever/., « connected wltlUheoK"^ tl!''ougl‘
m- extending to tile distant ma-net » °“‘Cmt WIre
T. A. EDISON.
Relay Magnets.
The buttery r. is in the circuit to the magnet n., Si
:nnd it will now be understood, that by adjusting the
point l. nearer to or farther from i. the 'proportion
•of current passing to the magnet n. can be adjusted
so that when the point l. is moved, by the magnet a.,
nearest to ■/., the current from r. will be suliiciently
powerful to energize the magnet and draw down
its unnature U.; but when the circuit to the magnet
c. is broken at the key a., or otherwise, the move¬
ment of the point l. away from t. will lessen the
tension in the circuit k m., by the resistance of the
intervening liquid, and weaken the power of the
electro-magnet so that its spring or weight t. will s
draw away its armature.
The movement of the armature u. may be mado
operative in effecting any desired telegraphic opera¬
tion to which it is adapted. I, however, employ the
same, especially as a sounder, and, m that case, the
battery r. and circuit k m. are local.
I am aware that contact points within a liquid,
' such as oil or glycerine, hnve been employed in the
circuit breaker of an electric engine. In my improve¬
ment the circuit is not broken, but the relay magnet,
or sounder, is operated by rise and fall of tension,
and the contact points are adjustable, instead of vary-
ing the armature spring of the magnet.
I claim as my invention :
Tlie adjustable contact points acting within a li¬
quid, in combination with the helix, armature and
spring of a sounder or relay, as set forth.
Signed by me this 7th day of March, A. D. 1873.
Thomas A. Edison.
Witnesses :
Q-eo. T. Pinckney,
Ciias. H. Smith.
UNITED STATES PATENT OFFICE.
Thomas A. Edison, of Newark, New-Jersey, As¬
signor to himself ami George Harrington, of
Washington, D. C.
IMPROVEMENT IN ELEOTRIO TELEGRAPHS.
Specification forming part of Letters Patent No.
147,311, dated February 10, 1874, application
filed July 20, 1873.
Case 82.
To all whom it may concern :
Be it known, that I, Thomas A. Edison, of New¬
ark, in tlm County of Essex anil State of New-Jersey,
have invented an improvement in Electric Tolegra phs,
of which the following is a specification :
In cables and long telegraph lines there is a limit to
the speed with which perfect signals can be transmitted
and received, whether the receiving instrument con¬
sists of an electro-magnet, a galvanometer, a relay,
or a chemical telegraph instrument. This limit in
speed arises from the fact, that the moment the lino
or cable is charged by the battery being connected, a
static charge is instantly set up, which is in an opposite
direction to the dynamic charge, and the tendency
is to defer the reception of the Bignal at the distant,
station, and at the moment of breaking the battery
connection, the static charge disperses by dividing at
the centre of resistance, ana going in both.dircctions,.
one part going to the ground at tho transmitting sta¬
tion in a direction opposed to the battery,- and the
other part going towards the receiving instrument in
the same direction ns the previous current from the
battery. This electrical condition is of suflioient'du-
ration to render the signals unintelligible at the re¬
ceiving instrument after a certain speed is attained.
The time of discharge is direotly proportioned to the
resistance at tho points of discharge at the ends of the
line, and tho result is, that the speed of the instru¬
ments is limited to the speed with which tho line will
free itself through the channels aforesaid.
• My invention relates to the discovery of a method 357
-of neutralizing the effects of the static charge in any
length of lino or cable by balancing tho e ectric
forces, and the discovery of a point of no electric
.tension or zero, ns regards the static charge, so tunt
the receiving instrument, when located at that point,
will bo operated by the rise of tension produced by a
pulsation that is connected at such receiving instru¬
ment, and made as instantly and definitely operative
as the pulsation given at the transmitting station.
I obtain this point of no tension by forming at tho
receiving end an artificial line, having an equal or
nearly equal resistance and electro-static capaci ty or
copacity for producing static charges as that of tne
cable or land line, and connect tins with the line
or cable, nud place between the cable and the ar- .
tificial line the receiving instrument, which hence is 3oB
tile centre of resistance and static accumulation.
When this balanco is obtained, the signals are re¬
ceived perfect, and the rapidity is governed only
by the strength -of the battery. . ,
The artificial line is made with an adjustable
rheostat ; liquid in a tube is preferable. I connect
between tho receiving instrument and the earth one
or more condensers, or other accumulators of static
electricity, which are made adjustable by having
them in sections, and bringing one or more sections in
or out by a switch, so as to increase or decrease the
static charge from tho artificial cable. It may also
be done by placing a very high adjustable resistance
coil between one leaf of tho condenser and the arti¬
ficial-lino. I maintain a very low resistance between
the line and tho ground at tho transmitting station,
so as to discharge the static current at this end as 359
which I prefer is to keep my trans¬
mitting battery in circuit at all times, and include in
the same circuit another battery of equal power with
opposite poles, so that when both are in, there is no
current generated, and the resistance of the wire to
earth is no more than the resistance of the battery.
Tho transmission of a pulsation is made when the
circuit is closed, through the -perforation jn the
paper or otherwise, so as to short circuit or shunt
the neutralizing battery, and send a current upon the
line. The current at the receiving paper is shunted
- -
'SCO equal resistance, which the chemical receiving paper
does not give, owing to being more damp in one
place than another.
In balancing the resistance and static current, the
resistance o€ the instrument is to bo added to the line,
and tile resistance of tile two equalized by the same
amount of resistance in tho artificial cable or line.
If tlie receiving instrument is out of the centre of
resistance toward tho line, the pulsnlions will be
weakened by the static charge acting ugninst tho
pulsation ; but if the instrument is toward the artifi¬
cial cable on the other side of tho zero point, the
signals or characters will be slightly prolonged,
owing to the static charge discharging in the same
direction as the current. It is at tills point that I
Sul prefer to place the instrument, because by placing
an electro-magnet in the shunt of tho receiving instru¬
ment, I obtain enough counter discharge from that
magnet to cut off this prolongation locally, and this
discharge from the magnet will not interfere with the
line, but has only a local effect on the receiving
instrument to prevent tailing on the chemical paper.
In the drawing, Figure J illustrates my invention
in the form that I find most generally available. The
batteries a. and b. are connected m opposite posi¬
tions ; tile positive poles being toward each other,,
and the negative poles connected to the ground g.
and lino Z., respectively. The transmitting instru¬
ment e. is in a circuit, d., to the battery b., in which
circuit cl. is a resistance c. When the circuit d. is
broken, the two batteries a. b. neutralize oncli other,
302 and there is no charge sent on the line ; but when the
circuit fZ. is closed, through a perforation in the
paper, or by a key, or otherwise, tho battery b. is
short circuited, and the battery a., being unbalanced,
sends a pulsation on the line. The artificial line, be¬
tween the receiving instrument f. and tho earth g.\
is made by introducing a resistance, or rheostat, at
r., preferably a . tube, containing liquid, with adjust-
able points, I his rheostat is made to balance or
equal, or nearly so, the resistance of tlie line Z., and
tlie instrument /. and the condenser s.t or other ac¬
cumulator of static electricity, is of a cnoacitv to
about equal that of the lino j hence, the receiving in¬
strument will occupy a zero or neutral point, in re-
the .static oliarge, from which tho static
chaiges will discharge both ways to g. and g.‘ The
T. A. EDISON.
Electric-Toiegraphs.
No. 147 311. Patented Feb. 10. 1874.
condenser or accumulator s. should bo in sections, «
to bring in a greater or less number o£ sections by
switches. When the receiving instrument is cliomi-
cal, tho paper is preferably prepared tar .^lPP|nS
a solution of at least one pound ot iod do ot potns-
sium in one gallon o£ water, to which is added a
small quantity of Hour. This paper cannot bo naim
tained at uniform moisture ; lienco. i s
the passage of electricity varies. X ns is compensated
for dv the shunt circuit L, in which is a resistance,
it., sufficient to direct the necessary amount of elec-
tricity to the paper to make the mark, and allow the
.i«» .» —aarftS
the chemical paper, and, at ®->T\ }*Xhe seen that
electro-magnet for this purpose. It 'w ^ fc
this electro-magnet will discharge itself u itlnn a slioi t
aR3W$Ftf3gl!r5
intermediate artificial l.no. -'W ’the
reactionary magnets, with bmn «« j branch
HisHssarS
rheostat. 7, ia introduced, in addi-
to t?Si. rhSffi, »» syiSfiK B5d£
I claim as my invention :
80w
3 -An nrtificml lino, between the receiving instrument
and tile earth,' to balance the resistance ancl static
charge, or nearly so, at botli sides of the receiving
instrument, substantially as set forth.
Signed by me, this 23d day of April, A. D. 1873.
Tiros. A. Edison.
Witnesses :
UNITED STATES PATENT OFFICE.
-!V- Edison, of Newark, New-Jorsey, As-
1 i n ° t oil ' "d c'1 " ^ Gl;0I!GK Harrington, 'of
IMPROVEMENT IN ADJUSTABLE ELECTItO- MAGNETS
FOB RELAYS, &C.
To all id7iojh it may concern .*
-imm mm
ii mwm.
sarifs-Wi-ta
"IB . - . v;*. . v _ * _ T* „ > ■> ,yi . ~ ■
T. A. EDISON.
Adjustable Electro-Magnet for Relays. &c.
No. 160,405. PiteondMerch2.il
J _.:L- J-
avoiding the adjustment ot the magnet, or the parts 809
th! mako' use ot a shunt, or branch circuit, connected
at botli sides ot the electro-magnet, and in that shunt
I place a regulator, composed of several helices or
resistance coils, connected to each other and to cir¬
cuit pins, and employ an arm that can be revolved
unoii a centre, and bring into the shunt greater or less
resistance, and thereby directing the proper
aUowfng'tlm'romaiiider to pas^thiwi^'th^shunt
The shunt regulator contains the resmtanco coils
6. &., connected to each other through t' o ciicu t
pinsc. c., in the centre ot which is the pitot a. o£ 379
U The line F. is connected through the megnet a
and by the shunt wires g. with the pivot d., and inst
°°If tiie arm e. is turned so as only to include one
coil b. in the shunt, the resistance will be hut little
and most ot the current will pass by the shunt, and
but little through the electro-magne a., . and by turn-
ing this arm any desired number of coils 0. n ill be
included in tlie shunt, so that as the res stance in¬
creases, so tlie proportion of tlie current duected
through tlie nincnot (i* will incriiftSB ulso.
I do not claim a rheostat or adjustable resistance
in a shunt circuit to regulate the current passing
through a chemical receiving instrument.
I do not claim a shunt around an electro-magnet 371
with a resistance that is not variable and serves to
lessen tlie injury 'to the contact points.
I claim as my invention :
The variable resistance b., placed in a shunt
circuit, in combination with an electro-magnet for
equalizing action of tlie current in electro-magnet,
and dispensing witli the spring adjustment, ns set
° Signed by me, this 23d day of April, A. D. 1873.
J Tuos. A. Edison.
Witnesses :
Guo. T. Pinckney,
Ciias. H. Smith.
Georges T>’ Tnfreville, Direct .
Re-direct. . .
Re-cross. . . .
Re-direct. . .
Re-cross....
Thomas A. Edison, Direct .
Cross .
Re-direct...
Re-cross....
Re-direct. . .
Re-cross....
Chase U. Harrington, Direct .
Cross .
.Tosiah C. Reiff, Direct .
Cross .
Giovanni P. Morosini. Direct -
Cross .
Henry Van Hovenbnrgli, Direct. .
Georges D’ Infreville, Recalled . . .
Cross .
Re direct. . .
Re-cross....
, Tosiah C. Reiff, Cross-examined. .
Re-direct...
Re-cross . . .
Re-direct. . .
.Edward H. Johnson, Direot .
Cross _
Re-direct. . .
JN. Y. SUPERIOR COURT.
The Atlantic and Pacific Tele- )
graph Co., f ■
against f 397
George B. Prescott, and others. 1
The issues in this case came on to be tried April
19, 1877, before Hon. C.'F. Sand ford, and continued
on trial during the remainder of the term.
Mr. J. H. B. Latrobe, Mr. E. P. Wheeler, Mr.
Leonard Myers, Mr. R. W. Russell and Mr. Wyllys
Hodges appeared for the plaintiff.
Mr. B. V. Butler was afterwards associated us
counsel in the cause.
Mr. John K. Porter, Mr. E. R. Dickerson, Mr. 39S
G. P. Lowery and Mr. G. W. Soren appeared for
the Western Union Telegraph Company.
Mr. B. W. Huntington appeared for the defend¬
ant, Prescott.
The suit has been discontinued as to the defend¬
ant, Edison.
The defendant, Serrell, did not answer the com¬
plaint.
Mr. E. P. Wheeler opened the case for the plain¬
tiff.
He then put in evidence Exhibits. A and B, of 399
which copies are annexed to the complaint.
Exhibit A was recorded in the U. S. Patent Of¬
fice, January 11, 1875, in Liber Y, 18 ; page 258 of
Transfers of Patents.
He also offered in evidence Exhibits C and D, of
which copies are annexed to the complaint. The
same were not received in evidence until a later
period of the trial.
Mr. Wiiui'xwt then init laevulence Ex ibit TC.,a
power of attorney Horn Edison to Go W dated
January 4th, 187(5, and recorded m tl e P ' en O'ilce
liber H. 18 p. 400. It was acknowledged on the day
ltS! Sl.it F, an agreement between Prescott ^
- H. -I- **> -gj-
which was not admitted, but would bcpio.ul lieie
11 f Ailo, Exhibit I, dated January 23d, 18.(5, a let-
.^SSSS:^^ Edison to Prescott,
dated January 23d, 1877. nll llssjgn-
zsprszxf&J" . — «
ll' Also," an assignment . tom »n *»*“£*£
!'• !‘f’ un'u'ssi'gnment from Mills to the plaintiff,
A - ’ l f,. lanunrv 11th, 187(5, acknowledged on
s-FSsm . :
Ex. N. . M thatouek. the commis-
S J.y>cided March 20th,
"’f.13,, " marked Exhibit 0. .
Also,
and 111 to 118, both inclusive. Cases 04 to 100 are
dated August 10th, 1874, and were all filed in the
patent oflicu, September 1st, 1874. Case- 111 is'
dated January 18th, 187/5. Case 112 is dated De¬
cember 14th, 187-1. Case 118 is dated February
24th, 187/5. Case 112 was iiled Dec. 28th, 1874.
Case 118 was iiled March 23d, 187/5. The date of
filing of case 111 is not mentioned,
Mr. Wheeler called as a witness on behalf of the
plaintiff-. . " — oeaaV or c,,e
Cteoiiok S. D’lKFitKViM.K, who having been duly
sworn, testified ns follows :
Q. Where do you reside ? A. New York
Q. What is your business 2
A. I am employed by the Atlantic and Pacific
telegraph Co., as electrician.
Q. How long have you been an electrician ?
vein's 1 COUlllU,t Say but for about ten
Q. Where? A. In this country and in France,
y. During that time, to what subject, if any, have
your studies and attention been principally di¬
rected ? A. More generally to telegraphy.
Q. Have you, in the course of those studies, be¬
come acquainted with the different systems of tel¬
egraphy that are in use in this country and in
Europe ? A. YeS, sir ; so far ns I know. .
Q. Wlmt system of telegraphy was chieily in use
in this country, in 1870?
G i TheMorae system, certainly; I don’t know,
but at that time there had been some duplex system
on the 1 rnnklin line ; I don’ t think they' were usinJ '
it on tlm Western Union Line, hut they were nrob
ably experimenting ; I know that some duplex lmd
been working before that time, between New York
SmerSt°n’ ^ Mr- Sh‘"rns a"a Moses G.
Q. I understood you to say that tim system chief¬
ly in use was the Morse system ? A. Yes,' sir'
Q. Will you state to the Court very briefly, the
principal features of the Morse system ?
A. In the Morse system, as it is used in America, .
a circuit which is called a close circuit, is used be¬
tween the main stations. In this circuit they insert
a main battery, keys for breaking the circuit
and receiving instruments which they call relays.
Those relays work a local circuit. This is an im¬
portant feature in the iMor.se system— the local cir¬
cuit. The Morse system is worked differently,
however, in Europe.
Q. Under the Morse system as it was m uso in
this country in 1870, how many messages ueie
sent at one timo over a given wire ?
A. That depends very much on the °Pe,1,t01' .
Q I do not. ask how many words would be sent
in an hour, but whether you could send more than
one message at a given time over the same wire
a No sir ; no more than one. 4
«; I.,,;, „ .mm •*»**
”a tI, ****** » e- •'*»■•
o.n.
t £& m principnl «-«- *
sidered by those who have tried' to improve the fast
ra smission of messages, has been to merer . tl »
cap tty f the wire to discharge quicker than it
would under ordinary circumstances. , i
Q Wlmt do you mean by discharging the wire .
t When they work on aMorse wire thespeed i
nnd'°an ‘"automatic recoSer at” the receiving
end-a chemical one for instance, beam*? ’the ^hem-
clogged with electricity. I would illustrate' this by
comparing it with a water pipe, for instance. In
the Morse system wo would send a series of pulsa¬
tions or masses of water through a water pipe.
Q. That is when you pressed your piston at one
end of the pipe, the result would be transmitted to
410 the water at the other end ?
A. I would say more distinctly, I would send one
gallon for a dot, and two gallons fora dash through
the lines. It takes a certain time for those quanti¬
ties of water to pass through the line from one end
to the other. Now, if you send them in succession
quicker and quicker, the line will remain charged
with water, and water will be received at the dis¬
tant end, and there will be no certain and distinct
message received.
Q. That is to say, before tile one.signnl lias been
recorded, the others will have come so quickly
41 1 after it that it will run into the first ?
A. Yes, sir, but I would say each gallon of
water is sufficient to fill the whole pipe— a thin
pipe — if I send them in succession. In the auto¬
matic system the object is to charge and discharge
tlie line after each signal, enabling them to carry,
in a given time— say one second — ten dots, when
under ordinary circumstances it would only have
carried one. To illustrate the automatic system,
suppose you have a pump at the sending station —
an additional pump, besides the transmitting one,
and after pumping away the water entirely from
the pipe, it will be ready to receive another im-
412 pulse. This is done by an electro-magnet or con¬
denser at the transmitter, and also at the rein ring
end, in the automatic system.
Q. As I understand you, then, one of the practical
difficulties that was found in carrying the automatic
system into practice was, that the signals iis they
were received at the receiving station, became con¬
fused— they ran into each other. That is so ?
A. Yes, sir.
Q Then one of the first things that was clone in
order to enable more signals to be transmitted in a
minute than could bo transmitted unto the i Mo.se
s\ stem uas to provide a device by which the elec
tricity should not accumulate on the u lie, so that
the signals as received „t ™mg 41>
ZS 'X“‘ >*• *►
t-riritv from accumulating on the who.
ca1,, disci argo it quicker, to a certain extent, which
acisss:
on the transmission of a dasli, "hid'1 j = °
mil, than in the transmission of a dot,
short one (
n hut’ in every case, the device has for its ob- .■ U
jeet tbe freeing of the line from this electric cl.a.ge
before anotliersignal comes (
A. Yes, sir.
The Court.— Before another charge is applied 1
& jsi'w — >»
•TSS- SW « *»
.Tine system they would not know what you
» ris, however, described in Dnmoncels
b°J Is it classed as an automatic system! 41
^ perforated on pnpCT.
Q. It has to be prepared by operators who are
trained lor that purpose? A. Yes, sir.
Q. And a machine is employed in the perfora¬
tion? A. Yes, sir.
The Court.— It is an entirely independent process
from that of transmission ?
A. Yes, sir.
The Court— I suppose it may be done fifty miles
away.
A. Yes, sir, and it can be done at the same place
where it is transmitted ; while they are perforating
a strip of paper, the same piece may go on to the
instrument; this is important, because it connects
the duplex, in a certain measure, witii the quadru¬
ple x system; in the multiplex system, for in¬
stance, which is used in Paris, France, a message is
sent by key boards by each writer simply, and a
41! commutator passes around very rapidly and col¬
lects the messages.
• Q. What you call the commutator is called a
wagon ?
A. You can call it a circular wagon if you like.
The Court. — There is nothing to hinder two dif¬
ferent parties from having their own code of sig¬
nals, perforating them as they please, and* which
no one but themselves can understand?
A. Certainly.
Q. Now, when the message lias been prepared for
„ transmission in the way which you have described,
liow is it transmitted— what is done to it in order to
transmit it?
A. It is transmitted by machinery, that is to say,
a band of paper will take the place of tile key of
the operator for breaking and closing the circuit ; I
would not say breaking entirely the circuit, because
it is not always broken;, in the ' Little system the
circuit is never broken; tlieiv is a continuous cir¬
cuit all through on account of these devices which
I spoke of before, which are used to increase the
capacity of the line-to charge and discharge the '
wins quicker. The band of paper is used m the
place of the key of the operator, and it passes be¬
tween a little metallic drum and a little metalic roll¬
er, single or double, according to the system, am.
when the paper passes between the little roller anil
and the drum no signal passes, it suspends the our
rent. When, tor instance, a dot comes, then it al¬
lows the roller to touch the drum, and a metalic
contact is made and the current is complete.
Q. How m-e the messages recorded under this
system, at -the receiving station?
‘ \ In what is called the Bain system of chemical
telegraphy, it is to set a metallic peri which may be
of phitina, or iron, or some other metal, which rubs
against paper chemically prepared, say «i h a so-
lution of ferro-cynnideot potassium; and below the
paper is a metallic drum, which is connected with 4.20
' the ground, for instance, and the paper being wet,
the current passes from the hue to the pel. and
through the paper, when the current is allow t
lo come from tlm distant station, and in
pa ing through the ) P« ' ' Ul \
on it or a black mark, acccordmg to the solatia l ,
providing it lias been transmitted in a proper man¬
ner from the distant station. M ith some so
lutions the current i t be t . “ed from o
1,1,1 „ make a blue mark on the
STJSi*. — *,»• “
°n tl,fi'theriVwav S°The dtein'i’cal solution 421
tern, and some others. , „„„ mni Is called
Q. Among others is there not one that is called
the Wheatstone ?
A. Yes, sir ; that is used now in England; al¬
though in that telegraph the recording is not made
chemically ; it is made by an electro magnet at tho
end.
Q. In that respect it differs from the Little sys¬
tem that you have been describing by the way in
422 which the message is recorded at the receiving sta¬
tion 2
423 '
A. Yes, sir; the message is recorded as in the
Morse system, not exactly, but by an electro mag¬
netic device, which is made to work very last by
using especially an electro magnet, which is very
rapid in its action, and it records it with ink as in
the Morse telegraph.
Q. It makes a mark on the paper on which the
message is recorded 2 A. Yes, sir.
A. It is an ink mark instead of an embossed one?
A. Yes, sir; Morse had a system which I luive
1 011 racord, in which ho describes some process to*
make marks on the paper. I think Morse lind in- '
vented some process of recording by ink on paper,
though I am not positive about it.
Q. Have any improvements, been made by Edi¬
son upon this Little system of nuloniutic tele¬
graphy 2
A. Well, I know it only by hearsay ; I have seen
Ins patent. Io take the patent as it is he
has made an improvement in automatic telegraphy
1 mean to say personally I cannot say who lias
made those inventions.
Q\ Yo,,l don’f- k,1Q"' Amt he has made those in-
4-4 ven trails, but you know they are made under pat¬
ents issued to Edison! 1
A. Yes, sir ; there has been a good deal of dis¬
pute among inventors about these inventions. Mr
“ is w'-'*
p]Q.? Now, what is the duplex system of telegra-
A. The duplex system of telegraphy is a method
to transmit the messages in opposite directions at
the same time, over tho same wire.
Q. Ts there not also a duplex telegraph which
sends two messages in the sanie direction, over tho
same wire, at the same time 2
A. In the English telegraph they do not call this
a duplex telegraph, they call it a double-sending ;
they call duplex telegraph a method of transmit¬
ting two messages in oppositedirectionsat the same
time.
The Court. — The term duplex is not applied un- 4or,
less it runs in opposite directions.
Mr. Lowery.— The witness has not said that.
The Witness.— 1 know that sometimes Mr. Edi¬
son has used the words duplex telegraph for this
method of sending messages in the same direction
over the same wire. •
Q. Will you mention some of the names of some
of the svstems or improvements in which this has
been accomplished— the sending of two messages
on the same wire in opposite directions at the same
A. It lias been done for the iirst time by Gintl,
un Austrian, in Germany, who worked a private
line at Vienna. It was done subsequently by Sie-
men and Halske. It was also done by Mayer, a
Prussian, in Berlin, in 18(13.
Q. And by Mr. Steams in this country 2
A It lias been improved by Mr. Stearns; and
practically worked in this country. It lmd been
worked practically for several years in Holland,
between Amsterdam and Rotterdam.
Q. And it 1ms also been improved by Edison 2
• G Will you. state to the Court the principal
features of the mode which is adopted in this
country for this duplex transmission 2
A. There are many systems of duplex; I refer
42 G
42 1
428
429
430
to one more in practical use— the genuine features
wliicli belong to nil systems of duplex nits
aimed to nimble one to transmit a signal to a
distant station without affecting the receiving
instrument at the home station. I do not see any¬
thing else which is peculiar to the whole system.
Each system carries it in its own manner.
Q. Each system accomplishes this result in its
own way ? A. Yes, sir.
Q. But this is the general object to be attained 1
A. Yes, sir.
■ Q. The providing of some device by which the
signal which is transmitted will not affect the re-
• ceiving instrument at the station from which it is
transmitted!
A. Yes, sir.
Q. What is the quadruplex system of tele¬
graphy ?
A. This name of quadruplex has been given to
the combination of two systems— the duplex sys¬
tem and the double sending system. The Germans
have no name 'for the quadruplex. They liavo a
double and a counter or duplex combined. I could
take any double sending system and duplex it in
many ways.
Q. The double sending system, as you cull it,
and its you think the
u applicable, i:
the system by which two messages are sent in the
same direction at the same time over the same wire?
A. Yes, sir.
Q. And the duplex system is that by which they
are sent in contrary directions over the same wire at
the same time? A. Yes, sir;
Q. And the combination of the duplex and the
double sending systems makes a quadruplex sys¬
tem? A. Yes, sir.
Q. AVere therejmy duplex or quadruplex tele¬
graphs m general use prior to the 4th of April,
A. /There are two systems described in 1803 hr
the Journal of the Austrian Telugrupli Union ; a
system by Huron ; a system by Scliaff, and also
in Schollun, a method of duplex and double send¬
ing by Bowlin.
Q. AArere these systems that you have spoken of
in general use before April 4th, 1871? A. No;
they were not in use.
Q. They laid been devised ?
A. They had been used in laboratories, and had 431
given results ; but, however, I would state, that
the speed of transmission was slow, but for the first
time a system of quadruplex has been worked in
America, at full speed, full Morse speed.
The Court.— When ? A. I saw the report for the
first time in the Times.
Q. You first knew of it in 1873 or 1874? A.
1874. I think.
The Court.— It was not in general use prior to
that time? A. No, sir.
Q. As I understand you there was no duplex or 432
quadruplex lelegraplisin general use prior to April
4 111, 1871 ? A. Duplex.
Q. Yes, sir. A. I would not say about duplex ;
there were some duplex in use ; I don’t know that
they ever suspended the working of the duplex in
Holland, for instance.
Q. It was not in general use in this country prior
to April 4th, 1871 ? A. Duplex?
Q. Yes, sir. A. I think it had been in use in the
Franklin Company.
Q. It was not in general use in 1870 ? A. I .
couldn’t tell. In the year 1870 I was not in this
country.
Q. You came hero in 1871? A. Yes, sir. 433
Q. AVlion you came here, ns I understand you, it
was used to some extent on this particular Frank¬
lin Line, but was not in general use throughout the
cbnntry ? A. It was not generally used— certainly
'
/
MM.-V-.-'. . “i-Z-H-'-'-.i .. .ty;, sv..
92
Q. Whoso duplex was it that was used in tlio
Franklin lino?
A. It was tlie Siemen-IIalske system improved
by {Stearns.
Q. This qnadrnplex, of which you lirst heard in
1874, and of which you have spoken, was reputed
434 to bo the invention of Edison, was it not ?
A. Yes, sir; he told me that himself.
Q. You have examined the applications for pat¬
ents and the specifications and drawings annexed to
these applications which are in question in this
suit. Look at the application— Case 99, and state
what are the distinctive features of the invention
described in that application ?
A. The chief feature of this invention is to send
0110 of the messages by a reversal of the current,
and to send the other message by increasing this
current whatever it may be.
Q. Ey increasing and decreasing it?
A. Well, decrease as soon as you finish your
signal.
Q. Then the signals are produced by the increase
in the strength of the current, and cease when it
decreases ?
w
A. On one of the instruments. I would state
very distinctly, that two perfectly independent in¬
struments are used for receiving ; one of the instru¬
ments responds to the direction of the current.
Q. That is to its being positive or negative?
A. \es, sir; the other instrument responds to
the increase or decrease of this current ; that is an
important feature in double sending, and so far as
I know is new.
Q. What is the effect of the automatic systum of
telegraphy, which you have described, upon the ca¬
pacity of the wire to transmit signals?
A. The effect of the devices which are used by Mr.
Edison and Little in their automatic telegraph is to
discharge the line after each signal, to enable it to
receive the next signal quicker than it would if
such means had not been resorted to ; consequently,
08
ill my opinion, the capacity of tlio wire itself has
been increased ; I would say that I believe that the
automatic system increases the capacity of the wire
more than the doithlu sending or qnadrnplex, be¬
cause the device is used in the automatic system
applied to tlio line, while in the duplex and double
sending the devices are made to correct on the in¬
strument the trouble produced on the line ; there 43t
is no aim in duplex or double sending to
discharge the line ; there is a purpose to cor¬
rect on the instrument the trouble which the
line produces on it. For instance, if, by the du¬
plex, or double sending, or qnadrnplex, I can send
in one second, four dots, and if, by the automatic,
I can charge and discharge my line quick enough,
so as to make tlio four dots pass through that line ;
I think I have increased the capacity of the line
to receive more messages than it would otherwise.
Q. In other words, by these devices that are em¬
ployed in the automatic system, the capacity of the
wire to transmit a signal is increased ? ^gg
A. Yes, sir; I mean the capacity to do a certain
work.
Q. The capacity' of the wire to do a certain work
is increased ? A. Yes, sir.
Q. That is the automatic system? A. Yes, sir.
Q. What is tlio effect of the duplex sy'stem on
the capacity of th.e wire to transmit signals ?
A. Well, according to the popular term, it in¬
creases the capacity' of the wire, and in a scientific
term, it increases the capacity of the wire, also ; but
this is attained by other means ; it is attained on
the instrument.
Q. That is on the duplex system, you are hot
obliged to employ these devices for discharging the
wire ? A. No, sir. 439
Q. You increase the capacity of the wire by your
ability to employ two instruments at tile same 1 imo 1
A. Yes, sir ; I would sny, to give the proof of it,
that in duplex, for instance, in some of the in¬
stances you can send two dots promptly, and at the
04
same end, anil they will be recorded at both ends,
and there will not be' an atom ot current on the
wire. It is true 'that yon could cut the wire and
both signals will bo recorded at both ends ; I do not
mean that the transmission could take place after
cutting the wire ; 1 mean while the operators are
pressing the keys.
440 Q, That is, you mean that if while the opera tors
at each end are pressing the keys by
which they transmit tile signal, if the
wire were (ait, the signals which they had trans¬
mitted would be recorded at that end, the trans¬
mission being practically instantaneous ; is not
that it?
A. There is no question in my mind about the
instantaniety of the current; you could keep the
key down all day, and the long dash would be re-
• corded all day at both ends, but not in all systems
of duplex.
The Court : — It would cease with the severance of
the wire ? A. Yes, sir.
The Court : — You suppose it would he impossible
to discriminate, it might be done so instantane¬
ously as to be impossible to discriminate the period
at which the severance was done ?
A. I don’t say that as soon as an operator lifts
his hand, his signal would be no more recorded,
because at the home station the dash would con¬
tinue when it should not continue.
Q. The recording instrument at the receiving sta¬
tion is set in motion, and records the signal in the
way you have described ? A. Yes, sir.
! Q. Just as in your illustration with the cane
when both persons, each holding his end of the
cane, and each pushing, an effect is produced at the
other end, although the cane is not moved oither
way?. A. The effect is in your brain in that case.
Q. Does any of these systems— the automatic, or
the duplex, or the quadruples, increase the velocity
of the electricity ? *
A. Well, it is very difficult to tell, but I think in
a certain measure the use or an electro-magnet in
the automatic system in a short circuit, forces
the current a little faster than it would otherwise,
but I am not positive about that.
Q. Practically it does not?
Objected to. 443
A. I think it does increase it, because it gives a
• great tension to the current; and it is very well
known, and the experiments on the speed of
electricity show that when there is a low tension
on the battery at the transmitting end,, the speed is
less than when a battery of a very high tension is
made ; and the effect of the electro-magnet in the
automatic system is to substitute a current of high
tension for a current of lower tension at the battery
itself. I would say that in automatic, the signal
is forced through the line quicker than it would be
otherwise.
Q. AVliat would bo the effect in the other system 444
of increasing the tension of the battery at the
transmitting station? A. Well, in double sending
when you increase the current the tension certainly
increases too, and for the same reason the current
will go faster over the line. There is something
which will go faster anyway, because the wave of
electricity which has passed in that case, 1ms more
amplitude ; the undulation of the wave is more per¬
fect, and the particles of matter’liaving more dis¬
tance to run in the same time will be obliged to
make it faster.
■The Court:
Q. AVliat do you mean by the particles ot mat- 445
ter ; wlmt is your theory of electricity ?
A. No one knows exactly what electricity is ; but
it is very well known, that it is.not the transporta¬
tion of matter. Nothing is transported from one
end of the wire to the other. It is generally no-
cepted that this is a molecular vibration from mo¬
lecule to molecule, and it is shown by practical ex¬
periment that it is an nndnlatory movement, those
waves of electricity having been recorded on the
Thompson Siphon Recorder on the Cable ; and I
know Sir W. 0. Thompson and Jenkins, have en¬
deavored to pat to practical use an automatic
440 curb sender.
Q. As I understand you then, your theory of the
electric current is that it is a wave motion — an un-
dulatary motion imparted to the molecules in the
wire along which it is transmitted 1 A. Yes. sir.
Q. it is similar in that respect to the wave theory
of light, is it not 1 A. Yes, sir.
Q. In this quadruplex system of Edison, how
does the number of signals, which can be trans¬
mitted in a minute, compare with the number of
signals which can be transmitted in the Morse sys¬
tem 2
A. Well, that depends very much on circum-
^ stances, and on the length of the circuit.
Q. That is to say, yon have a Morse circuit, or a
given length, and you have a circuit of the same
length operated by this quadruplex system,
with the four-transmitting instruments all
in operation at the same time; now I ask you
how the number of signals that will be transmitted
under those circumstances in a given time— say a
minute — by the foiir transmitting instruments on
the quadruplex system— how will that number of
signals compare with the number of signals trans¬
mitted on the Morse system ?
A. It would be four times as much.
Q. Do you mean by that answer four times as
448 many signals in the same time, under similar cir¬
cumstances 2
A. I mean four times as much work would be
done ; I mean four times more signals.
Q. Have you examined the applications for pat¬
ents, and. the specifications and drawings annexed
to those applications that are in question in this
suit 1
A. I have examined all those that are in the Om¬
nibus Bill.
Q. Is any one of the inventions described in these
specillcations and drawings applicable to automatic
telegraphy 1 A. Yes, sir.
Q. Which of them 2
A. For instance, in Ho. 07 duplex telegraph the
bridge system, with a battery in each branch of the
bridge. In number 00 to a certain extent, claim
first could be applied to automatic telegraphy; I
mean the method of sending one of the signals in
the double current system, and the other signal by
e B nd decreasing the current.
Q. That is applicable to automatic telegraphy 2
A. Yes, sir ; I have seen the manner in which
it is done ; I don’t say that you could use at the
receiving station that peculiar instrument which is
to record the Morse signal, but the transmitting ap¬
paratus could be exactly the same as it is.
Q. The receiving apparatus would be adapted to
the chemical system 2
A. The principle of the patent in tile first claim
could be applied to automatic telegraphy.
. Q- How, if this chemical mode of recording the
signals were employed, you would employ at the
receiving station, instead of the mode, which is
there designated, this chemically prepared paper
which you have described 2
A. Yes, sir ; or some other kind of paper. There
are •many kinds of solutions which could be used.
. Q. That general mode of recording the message
would be employed 2 A. Yes, sir.
Q. Could that same principle be applied to the
Wheatstone telegraph, in which, ns you state, the
mossago was not recorded on chemically prepared
paper!
A. I don’t think so, because the signals are made
by the chnnge of current, by using one of those do-
UCUB, but the other part is not used in the Whent-
lf0,1° system— increasing or decreasing the current
Oiw of the pints is used mid the other is not
Q. In that system, that part of the application
Tt 'Sth of "8i"!!m,sinS snd deceasing the
strength of the current is employed »
452 vetnl nr V,?'® °tl,er l?u*-H,e l"* in which the re-
lersal of the current is used.
« v ;s:r
SlLo® t woU M0]’1 0r1,,, "
" * ,, l,eie<!ening or recording instruments?
A. X os, sir ; 1 think it is the same rl....:
“XiL1""” . tar^ass
Q. When 1
A. I have the record ; I don’t kmm- i • i
volume it is, lmt I think it is 1872 or 873 T
before 1874. 01 J87rf- It was
Q. Is that the English journal 1
454 system *011 1h’ “able "cnplo T ' V® t,le '»%•
exactly the same ; I r;memberlw^HivJC],i8
testate my theory in regard to the matter. To 1^1(1$
make it clear, I will say that in the automatic pro- ' '
cess, we will send, say two dots along the line, and
these two dots will pass together along the line, but
in succession ; they will follow each other like, for
instance, a train of boats in the Hudson river at¬
tached by a cord ; they follow one after the other ;
the object of the device used in the automatic pro- 455
cess is to make the distance between each signal
very clear— to separate them and to make the in¬
terval between each .interval clear and distinct.
Now, in double sending, for instance, it affects
both instruments at the same time ; there is
only one wave of electricity passing along
the wire, but it is changed ; it has double
force, and as I have before stated theoretically,
the huge wave will travel at the same speed, as the
series of waves in the former case. Just as if you
bad to carry two loads of wood across a rivor,
by the automatic system you would put a load
of wood in a boat, and another load in another boat, . - „
and send the two boats across the river following °
each other; in double sending, you would take the
two loads of wood and put them together in a
boat, and send tiie said boat across the river, at the
speed I have stated ; I think that explanation is
backed by. Professor Jenkins and others.
Q, Then that illustration represents to your
mind, the difference between the two systems— the
automatic system, and the system of double send¬
ing ; do you intend by that illustration, to repre¬
sent the difference between the two systems ?
A. Whether it represents the difference or not,
1 present that as my theory.
Q. You mean to illustrate the difference, by the
statement you have just made '! 457
A. The difference can be seen by a comparison
between the manner of carrying these loads of wood
across the river, for instance, and the interpretation
can be drawn from it. 1 (
Q. What is a mechanical printer? (t/W & Uftlhum*
A. A meolmnicnl printer, is one in which me¬
chanical menus' nro resorted to at. tlie Jirst, end of
the line. It is very diflicult to answer that ques¬
tion, because they tire ail more or less mechanical.
Q. Would you call a printing telegraph instru¬
ment, in which mechanical means are employed to
458 do ^Imprinting at. one end, a mechanical printer?
Q. As I understand it, there is a printing tele-
siiipli which is automatic, that is to say, in which
a slip of paper is punched with holes in the shape
of letters, and the signals are transmitted so as to
record, at the receiving station these letters ?
A. I don’t think the signals, by the system you
think ol', are punched. into Roman letter holes at
the transmitting end.
"Q. Is there such a system as that I have spoken
A. There is a system in this country of that
459 , ’ In tl‘e "l'l'aratus of Mr. Phelps, mechani-
cal means of the nature to which you refer are re-
sorted to by which he is able to operate faster than
the apparatus can transmit on the keyboard ; ho
made a punch and perforated holes at. different
distances on the paper and used it as a means for
telegraphic printing.
Q. Is there anything described in these applica¬
tions which have been shown you which is applica¬
ble to a mechanical printer?
Yo" Cl!" <1"l)lex certainly with a mechanical
printer; for instance, Mr. Phelps’ apparatus.
By Mr. Dickerson.
4G0 Q- When you speak of Mr. Phelps’ apparatus
you mean Phelps and Hughes? W t"S’
A. Yes. I don’t know but that Mr. Phelps’ ism.
improvement on that. 1 ""
Q. Hughes is a printing telegraph? A. Yes.
By Mr. Wheeler.
in England?0 tl"‘twns,‘8ea i" Mils country und
. K- Yes- I don’t know that I ever siuv it used
m Ragland, but it is used in Prance extensively.
Q. As I understand it, you can apply this inven-
re toirl ufrZ HS&SCl;il,ed°r d,II,l0X telegntpl.-
mD, to that ono ■KfiS^'cal printer, which you call a
Hughes printer, is Unit so? A. Yes.
Q. Bo you know of its having been so applied ? 4G1
A. Yes ; the Phelps print it is duplexed and it is
quadruplexed ; I think Mr. Garret Smith Inis made
an improvement by which they can bo quadruplex¬
ed, but I have not seen it.
Q. Iu your opinion, it can be done ? A. Yes.
‘ Cross-examined by Mr. Dickerson :
Q. Is not this instrument f hold in my hand, a
.Morse instrument or relay ? A. It is.
Q. It consists of two soft iron cores or bars of
iron as you see here ? A. Yes.
Q. And around those bars of ‘iron there is wound
a lino wire a great many times ? A. Yes. .too
Q. Pine insulated wire? A. Yes.
liim ? N\"’ ’’y !Ut 'V‘‘° 'S ,mt int0 H,« circuit on the
Q. And when the current of electricity passes
coresl?d nr "he’ U "m"netiz,!S ‘be soft iron
Q. Which otherwise are not man-nets?
A. Ho, sir.
Q. Then when the soft iron core is magnetized,
f tf f fl c r 1 111 is a piece of iron
suspended upon a centre or hinge, or otherwise,
opposite to the ends of that soft iron core ? A. Yes!
Q. And when the iron core is magnetized, that 403
armature is attracted and clicks so, (illustrating)?
Q. And makes the signal which is intended to be
used? A. Yes.
Q. Now, in passing tile- current of eleotrioity
through tins elcotro-iiingnot, them is a certain
amount of time required lo magnetize tho core, is
there not ? A. Yes.
Q. And that is an appreciable quantity of time ?
A. Yes, because there is work to ho performed.
Q. It takes time to magnetize it? A. Yes.
Q. Non- after (lie core has been magnetized, and
^Jtie circuit broken, it takes time for that core to
• discharge its magnetism ? A. Yes.
J) A Yes1 tll! t 'S fflpi>rL‘cinl,,u d'd'tdity of time?
Jr*011 ,thT,U aw> t"'° elom,,nts of time, imlepen-
le it of each other, which are to lie provided for in
this instrument ! A. YTes.
Q. Now when the core becomes magnetized, there
Lsz:r:;T^i,,ovu™
Q. And that is i
A. Yes.
Q. There is son
ism to take hold ?
Q. And that is i
A. Yes.
Q. And there is
i appreciable quantity of time ?
Mime required for the mngnet-
1 appreciable quantity or time?
ome lime before it will- let go?
Q. After the circuit is closed i A. Yes
Q Tsn’V’tf isi,"ot],e|,ulom«ntoftinie i A. Yes
£_"* >'» r»b.
discharge and overcome the” J V “J" ir«c "*a
ture ? A. Yes. tneitmof the anna
given sized instrument ? A. Upon tliis instrunienl
yes.
Q. About how many words a minute can that ir
striiment receive and signal, supposing the line t
be entirely free, and putting your mind entirel
upon the instrument?
A. His instrument could go up to eighty word
. a minute, if the operators could take it, perliap
one hundred.
Q. You never saw it go one hundred, did yon ?
A. No, sir.
Q. If you put a recorder oil this, a Horse
ter, or embossing machine, then it will g(
slower? A. Yes.
Q. So that the speed or the instrument for thi
purpose Of telegraphing is improved by leaving on
tho Register?
A. Yes; in using the instrument, Mr. Bail
worked it in connection with chemical paper.
• Q. I am not talking about that ; I am referrini
only to tile Morse instrument.
^ A. There is a retardation on account of the regis
Q. Now we will go to tho Bain process ? Mr
Bain is generally said to be the inventor of auto
mntic telegraphy, is he not. ? A. Yes.
Q. A strip or ribnitd of chemical paper, some¬
what similar to tile piece I hold in my hand, is run
between the poles of tho battery ? A. Yes.
Q. If the line can furnish the signals without in¬
terference, that paper would record 10,000 words
perminute, would it not; is there any limit to its
capacity for recording? A. 10,000 is very high.
Q. It will record 10,000 words per minute, will
it not? A. Yes, if the line would give it.
Q. Then, by putting into the line, in place of that
machine (the Morse instrument) to receive a mes¬
sage, this machine (tho Bain instrument? vou re.
?■-- . . . . imtmmgm
471
lieve the line of the limitation which existed when
the Morse instrument was in use ? A. Yes.
Q. And there is no practical limit to the speed ?
A. Iso practical limit.
Q. When the signals come over the line, whether
470 ™ 01: !l Bain instrnment,
1 ' f° fi,st each other,
thej «dl inn together, wdl they not? A. Yes.
Q. It makes no difference whether von call it an-
tharrSieetT'l'l'orsir11 “ t,'° ">
Oiientlvn rnnsnet,w.d> .von. and conse¬
quently no communication ;
rent would 'not 'ln/so * «-e o«r-
llJOO^vonu! "‘iU IJan? 'ns°tM,,l,ent you could send
JU*UUU "ouls 1 A. I will not snv 10 000
?• [’.“'T-1 a.n h""«" enlciilatian ?
A. I don t think it is beyond calculation • r h-ive
never seen 10,000, but I have seen o ooo ’
or^onnsLftV tl!is (lini(:l,lty of mixing together,
doesn"! it et fi S'r"!'13’ ms,,ks fl (»» Hiis principle
A. Yes 'S " <Blled the sfiltic discharge?
Q. Or the static charge ?
A. Yes, it will discharge, if there is a way given
Q. inhere is a connection, it will g0 through it?
been °i e!eC"'icity l,ns
making the signals and5 Z, ? "J Cal lwPei- «nd
tlieotlmrendSXJr' vi^tf10 ^ nt
by. the static discharge ? a yl, 3’U contmned,
Q- rsthat on. this instrument, (the Moree). if
472 to
cores have been magnetized by a passing current
and you break the cirouit, that current will still
run and will still keep it magnetized ? A. Yes.
Q. So that the difficulty is precisely the same in
botlU A. So far as the line is concerned.
Q. Then, in the automatic machine, the effect of
that static current is that as the signals arc marked 473
on the paper instead of being a dot, the dot is
drawn out into a dasli ? A. Yes.
■ Q. And tiie dasli drawn out- into a longer dash ?
A. Yes.
Q. And the dot and dash together ? A. Yes.
Q. Making one stroke on the paper? A. Yes.
Q. And on the Morse machine it would make one
stroke on the recorder if you had a piece of paper
running through ; A. Yes.
Q. When the Bain instrument came from Bain’s
hands, the limit of speed at which it could be used
in sending a succession of messages, was deter¬
mined by tiie sliced at which the message could
be punched, wasn’t it.
A. That depends upon the length of the line.
Q. Take a line of ordinary length from here to
Philadelphia, we will say tiie limit of speed in
working that line with a good operator to work it,
wns tiie spued at which lie could pnncli out his
messages to send over tiie line.
A. You could get a great many words, say, for
instance, the line was 10 miles.
Q. Well, take a line 10 miles long ?
A. Then you could get thousands of words.
Q. If you had the strips ready for it ? ■ ,>-r
A. Yes. 4(0 '
Q. Of course, you could not make the strips
quicker than you could 'punch them, nnd the mak¬
ing of those strips wns slower, perhaps, than the
working of the key of the Morse instrumen t ? A. Yes.
Q. Therefore, taking the whole problem of send¬
ing a message, it was slower, perhaps, than the
other system, although it was a fast system. I am
now talking of the Bain system ?
'“•100
A. I don’t know Ills punching or perforating
machinery; .1 don’t know what speed it got; I
don’t know that it was slower; I don’t know the
perforator he used at that time.
Q. Now, when Mr. Little took up the Bain sys-
_ tern he found the perforator, the chemical paper,
470 and -the apparatus necessary to ran the perforated
PaPer through, and to run the receiving paper
through at the other end 2 A. Yes. ■
Q. Wasn’t the first thing lie did, and which gavo
his name to the automatic machine to invent a
punching machine by which the message' could bo
punched rapidly 2
A. I don’t know if that was the first tiling ; I
know he made a magneto-electric punch.
Q. By which he could punch tlie message? very
rapidly 2 A. I think so. fi . ‘
Q. And then lie called it the Little system,
didn’t he? ’
A. Yes, sir; I have heard of the Little system.
Q. He made a punching machine, that would
operate with the Bain automatic telegraph ; then
he made another invention which had relation to
the hue of the telegraph and not to the instrument,
clul he nob?
A. I don’t know ; I know lie lias a patent punch,
hera, HlS consists> <1oes if> »» this, that just
nf ii°U,!i<!t !° tIle wceivih8 instnnneht'at the-
. end of the line, he connects his line wire with the
fralT'1 th,Tgl, tt wlre co"n«ctimi that has consid-
emble resistance ?
478 sej^j Yea > tll!lt wns done four years ago by Cns-
Q. Little did that thing? A. Yes.
’ ^"d g°t a patent for it 2- A. Yes.
a! Yes ' ""8 "lmt lle cnUet1 an overflow dam ?
cnme*t !lliS’i "’lth the imneliing machine, be-
A Yes 18 “S the Little <*»*«» ?
Q. There are two things, and the only two things
Mat iii tele did to the Bum machine ns it enmo from
Bain?
A. I know he lias a patent in connection- with the
overflow dam.
Q. He made an application or Steafn’s condenser
to the automatic, did lie not ?
A. I don’t know if lie didn’t do it before Stearns: 47
I think ho did.
Q. Stearns obtained a patent for a condenser,
upon Morse’s system, didn’t lie? A. Yes. CL
Q. He obtained a patent for a condenser for the '
duplex working'of this system.- A. Yes.
Q. And then either before or after Little obtained
a condenser on the Bain automatic system?
A. Yes.
Q. Now let me get at what the effect of this
overflow darn is. Its operation is this, is it not,
viz. : that lij a portion of the current it is drawn
off all the time from the line, and part of the cur-
rent goes to the ground ? A. Yes. 41
Q. So that it stands between the battery and re¬
ceiver, and pulls out of the lino a portion of its
electricity? A. Yes.
Q. Consequently the strongest part of the im¬
pulse only n fleets llio receiving power, the top
? A. It may not bo the strongest part.
Q. It cuts- down through on the line ? A. Yes.
Q. And therefore it tends to diminish, at the
last end the static discharge? ' A. Yes ; it dis¬
charges rlie kwt quicker. '
Q. It don’ t affect its capacity for receiving a t all ?
A. That depends upon how you understand the 4S1
word capacity.
-Q. I understand by that the capacity of the pa¬
per to be impressed or to be marked or discolored
by the current that remains ; if the line is very long
the static discharge is greater and longer, isn’t it?
A. It is not greater, but it is longer.
Q. It continues longer? A. Yes.
108
■ SiSS'iX S 5r
• "r ?r "" in “"‘ »
zSTv?* !'“ «ni3tsr«a:
A. No, sird> IS M0C poc",iiU' fo eltlioi- is it ?
fiH'! "'“nls il '»imite over 'nle t?li,f J',iu send
A • directly. e fo cl"«'go ?
'IS;l A. l'i Iie'ou'io'rr-M 0,111 by <lilw:,,y »
Q. You Jr,, . IOI,f "!l>™fing.
<i- Ditln-tyoustaie 'I’.u !,,!i,r; "of "»■ Unffiilo.
eiecl lieia n’s oilieo of 1 1, nr "° "L‘eks !l«o, in (he
CV> "'“I ‘IWn’t ye,, produloth U"ion Toleff*-'l>li
•s,,-v "“it it had eon.i rron n 0,"°SSi'g0 i,ae,r> !"<1
]>7 »•««*. nt tl.omeo L?!v'g?’ * of
; • On n circuit » ”"m.te ?
Qr You didn’t S'.v o° 1 0 1,11,4 Ol'o.
A. No. S,IJ 14 n«e Aon, Chicago?
84
rC
| • 109
Q. You don’t know whether tile message wns a
regular business message, or as you call it a bogus
message 1
A. I didn’t say whether it was or not.
Q. Bid you say it was a message that came from
Chicago over that chemical or automatic line, and
that it had come nt the ra te of (300 words a minute ? 485
A. I don’t know that I slated that positively ; I
know my idea was that it was possible, and I may
have said that; if I remember rightly, I said it
could be transmitted 1,000 miles, which is the dis¬
tance between New York and Chicago. That is as
far as I think I said anything about it.
Q. Where did the message come from, if it didn’t
come from Chicago ?
A. It came from Boston to Buffalo, through New
York, 800 miles on one side and COO on the other. L ,12 1
Q. Then the fact is that this message came 800 I
miles instead of 1000 ; is that your statement ?
A. Not directly; through New York, and re- 480
pea ted ; it was through a repeater; it was not
direct.
Q. Where was the repeater ? A. In New York.
Q. The message was repeated in New York.
A. Yes, sir.
Q. Then it went to Buffalo— where did you get
the message?
A. At Buffalo and in New York, too.
Q. You took it off at New York ? A. Yes.
Q. Then the message was- in fact sent about COO
miles, or from New York to Buffalo direct?
A. Yes ; it is done every day by the company. 48?
Q. Aud it was sent at the rate of COO words a
minute to Buffalo, a distance of COO miles?
A. I didn’t say that; I said it could.be done on
a wiub like No. 0 gauge.
Q. You didn’t say that the. message was sent at
the rate of COO words per minute ! A. No, sir.
Q. Now, in point of fact, you say that a message
can bo sent by this chemical telegraph from New
York to Buffalo, at the rote of COO words per min-
/
Q. 1 on think vou can send nnn i ’
nto? A. Yes * su a words per min.
468 meLg!‘ at; (I^ nl Of loo wo'.’T tm"Sm.ission <>f <1
it£ fast ° rr°m fl,?.r*, “r *>•« porfor-
TsiSE£™'''
A. Imn employed there lmir or the time.
Q. Aon attend to_ their business, do von not ';
Q, And they’ have been ..
working tlieir lines with the Vlectro-mS'„eM
strnment, and not with tl . !" ^,,0,U!
been for sometime past ? and inive
A. they work them together arcordimr ■
lances > Jt * J"st according to eirenin-
:,2:» r“r >“ »»
sometimes the case) and*?, tu ‘1o""’
>>n a great many messages to b ! "enTw '7° the'e
them by automatic process. *’ fl,l,lslnif’
aiitonia tiV proims' wlien^he^nM l ^ H'?y ,,se t,le
flown, and when von I, .>,■!! 1 llnvo lleu» Mown
in the office ? A. Yes. messages ncenmuhi ted
Q- That is the time yon use it?
1
A. At that time and at other times ; they use it
when it is good weather like to-day.
Q. But when the weather is not good, then they
use the electro-magnetic method I
A. Yes ; and they use the automatic too; it
works even better on a rainy day than the duplex.
Q. When is the time [and what are the circum- 491
stances when this comp any uses the electro-mag-
nelic method and not the automatic method ;
state them all.
A. In a day like this, a dry day, they would
rather use the duplex system; when it rains, and
tlie instruments are difficult to adjust, they resort to
the automatic method. When the lines have been
broken down by the storm, they use the automatic
method, and sometimes, in a pressure of business,
they use both, sometimes, in the transmission of a
long message they begin sending it by duplex, and
then punch or perforate the end of the message, ' ,q0
and change from the duplex to the automatic. Jw
Q. They have not got an automatic duplex, have
t hey i A. No, sir.
Q. They have not done that yet? A. No, sir.
Q. Has not duplex telegraphy been well known
for the last 22 years ? A. It was known in 1858r
Q. About 24 years ago ? A. Yes, about that.
Q. Was not duplex telegraphy, either sending
two messnges from opposite- directions or sending
two from the same direction, well known ?
A. From opposite directions, not from the same
direction.
Q. 'Wasn’t that well known in 1853, .to sendfrom 49.3
the same direction ?
A. To send two telegrams at the same time and
in the same direction, no, sir ; it was not known to
my knowledge. ■’
Q. Did you ever hear of a man named Bosclia ?
A. Yes.
A. I don’ t know the date ; I say so fur ns I know,
it was not ; I know they wore heard of in 1870, hut
I don’t know if they were in 18153.
Q. Did von ever hear of Kramer’s invention ?
A. Yes.
Q. Wasn’t that as early as 1853?
I A. T don’t know that ; I have not thorn German
books.
Q. Whether they were as early as 18.r>8 or not ;
they are both of them devices for sending from one
Q. They are sent in the same direction and from
the same starting point? A. Yes.
Q. By Kramer’s method ? A. Yes.
Q. And by Bosclin’s method ? A. Yes.
Q. Yon don’t know when these methods were
publicly known ?
A. I don’t remember the years.
Q. Assuming that they were known in 1835, was
not the quadruples method also described 20 years
agol A. Yes ; they thought of it at once.
Q. Boscha’s method was quadruples and duplex ?
A. Yes.
Q. And Kramer’s method was the same! A. Yes.
5 Q. And also Stark’s method ?
A. I don’t know at what time his method became
known ; I know he had one.
. Q. In 1852 or 1853 ? A. I don’t know thoveav.
Q. It was many years ago ?
A. Yes ; it is described in an English work bv
Sabine.
Q. It was many years ago ? A. Yes.
Q. Long before 1870? A. Yes.
Q. All these thing were well known before 1870 ?
A. Yes.
Q. Many years before ? A. Yes.
Q. Qnndmplcx and duplex from opposite direc¬
tions, and duplex from the same direction were all
known long before 1870 ? ,qh
A. Yes ; but- they were spoken of as not being ‘
very practical — something that was not very good,
so far as practice was concerned.
q ’ They were operating machines ; they were
doing work? A..-; Except in the lnbmtory, and in
' experimental way.
Q. They were working between Rotterdam and
Amsterdam ? , , , ..
A. Hot double sending, ns you have stated ; they
never worked anywhere except in this country, f •"
Q. They never worked anywhere ?
A. Not double sending.
Q. How do you know they never worked any- 4g8
" A. I never saw in any book that they worked
anywhere ; it has been written about by Mr. Edi-
son and Mr. Prescott, and they say that . nothing
could be done with it.
Q. So far as you know ? A. Yes.
Q. That is your judgment ?
A. Yes ; I do not think they would render any
• service ill practice myself.
4
By Mr. Dickerson :
Q. For the reason that they are slower: they
will work, but they are slower? A. Yes.
. Q. They are useful, but not available ?
A. You have to transmit very slowly ; it is faster
to send one message at a time than to undertake to
send by these methods.
q. Now was not the use of reverse currents, and
an increase and diminution of current for the pur-
poses of duplex telegraphy from the same end, well
known long before 1870 ?
A. Not in the manner described in case 00.
Q. I am not talking about that now ; I am ask¬
ing you whether these tilings were not well known
for the purpose of sending two messages at the
500 same time in the same direction over the same wires ?
^No, sir ; it has never been done before ; Prof.
Q. lam not asking you about Prof, Iain
asking you whether reversing currents, in combina¬
tion with increased currents on the line, sometimes
increasing and sometimes reversing, for the purpose
• of sending two messages at once, were not well
known before 1870 ? A. Yes, or course.
Q. Now the result of that is, that duplex from
opposite directions and duplex from the same
directions, quadruplex and duplex, and quntlru-
rm plex with a combination of reversing currents, were
,)U1 all known before 1870 ?
A. Yes ; with the reservation I have above staled
I understand you to say, that reversing the po¬
larity current and increasing its intensity, were
used before 1870, but they were not used in trans¬
mitting two signals at the same time ?
A. They were used to transmit at the same time,
but to make myself more clearly understood, I
, will say that reversing the current and increasing
• or decreasing its intensity to transmit two messa¬
ges over the same wire, in [the same direction, at.
the same time, were known before 1870, but the
manner of using these reversals, and the increase
and decrease of the current, ns shown in case 00,
were not known ; I mean the manner of using
them, as shown in case 00.
115
By Mr. Dickerson.
Q. That is to say, other devices jvere employed
to accomplish the same purpose ? .
A. Yes ; there were three relays in the otlioi,
and in that there are only two ; there were former-
ly three relays, but in case 00, they have two dis- 503
tinct and independent receiving instruments.
Ill/ Mr Wheeler.
Q. If I understand you aright, you say that the
new method is distinguishable from the other or
old one by tie st tl tin the new method
the reversing of the current by one key sends the
message independently of the other? A. les.
By Mr. Dickerson.
Q Adding to and diminishing the quantity or 504.
intensity, sends the message independently of the
reversal ? A. Yes. , 1 •
q And the independence of these two keys and
receivers from each other was the new quality of
this patent? A. Yes.
Q.' And that is all the novelty of it ? A. Yes.
Q. That is the whole of it ?
A. Yes : there were some improvements 111 con¬
nection with the new method, to avoid some trouble
which arose from the use of the new system-
q In addition to what I have said, the otliei
thing, and the only other thing, that is new in this
newMiiethod, so far ns you know, is the little appa- 605
ratus to prevent the reversal of the current from
spoiling the signal that goes through it? A. . les.
Q. These are the only two new things 111 this in¬
vention? A. So. far ns I remember now.
Q. Isn’t it essential to the operation of this new
combination' of the reversing current, and the quan¬
tity or intensity current to have that apparatus
that will prevent the contact of the neutral relay
when the reversal occurs ?
no
A. It is necessary to have it on a long line ; on a
short line it can be dispensed with.
Q. Did yon ever see it dispensed with ?
A. In case 00 the hack contact and two sounders
simply are used ; there is always something used.
Q. There must be some device ; either twosound-
oOG era or a bnhmce-wtd sounder and back contact to
doit? A. Yes.
Q. Those two tilings are described and. shown in
case 00, are they not? A. Yes. •
Q. And those two things in 00, together with the
combination already described, reversing, decreas¬
ing tile current, are the novelties of the invention
00?
A. Yes : In regard to the novelty ot the inven¬
tion, so far as this system of double sending is con¬
cerned, there is a system in which they use a re¬
versal of the current and an increase and decrease
of tlie current in double sending.
Q. An increase of the intensity or a decrease of
the current in combination witli reversing, is used
for other purposes than duplexing ? A. Yes.
Q. And that is old also ? A. Yes ; in 1873.
Q. Isn’t it older than 1873? Right hem in this
little instrument you see a reversal of the current
combined with the quantity current?
A. I think so ; I have not investigated this
instrument.
Q. Don’t they all, so far as you know, operate in
that way? A. Yes.
Q. You have got to get a combination of a rever-
508 ®d of the current with the quantity current to do
the thing? A. Yes.
Q. So that that combination, working over the
line, is, by itself, old? A. Yes.
Q. Isn’t the effect of the apparatus used for the
purpose of preserving the signal that is made
through the neutral relay to reduce the speed of
messages or signals over the line below the old-
fashioned Morse lino ?
A. I don’t see much connection between the two
Q. When the signal goes through the ordinary
electro magnetic relay, you have already explained
to the Court that a loss of time will occur there .
A. Not in all the Morse relays, but in this relay.
Q. I am asking about this Morse relay ?
A. We had Morse relays which were not subject
to this loss. . „„
Q I am not at present speaking of any otliei re¬
lay but this. This is an ordinary Morse relay is it
not ? A. Yes, it is one of them.
Q. It is just such a tiling as has been in use anil
as is in use to-day, is it not?
A It is one ot the Morse relays.
Q.' Is it not a Morse relay that iB in use?
q" You have told the Court that there are times
I or delay? A. There are some, yes. 510
Q Appreciable times of delay ? A. Yes.
Q' Now, if you use this armature to close the
circuit or another battery, which also has another
relay in it, and take your signal oif ot the second
relay, then you are adding time to the delivery-
you are making it longer to deliver? A. les.
Q And it you use this second relay to open oi
close" the circuit of a third one, you will still further .
add to the time ? , .
A Yes, the time is occupied in some relays in
that way, but I can make twenty relays in sncces- '
sion without losing any time. It can be done I
don’t mean to say that I can do it especially, but 511
it. can bo done. T
A I am not asking of wluit yon can do, lnm
merely asking you for the fact. You understand
my question? A. Yes.
Q. And your answer to it is what ?
Q.‘ lathis' machine 00, the relay that receives the
impulse from the line is that kind of relay, isn t
no
it ? I mn speaking now of (lie thing shown in 00
which you have been swearing to?
A. It is not. ; it is a back contact.
rj) Q. The lever of the armature touches against this
‘7*^“ ,ltcomes »1». mid touches against it as it
/ goes back ?
51- A. Llio armature touches against the plutinn con-
forward6 sti’i^ces.,,Sai>'s'fctt,i,o rubber t'otitaet^iii^olii1^
forward anti against the back contact in working
thLwmrnr "T al'.er l,,° « "««• which this
thmg m 1 move, does lt? A. No, sir.
Jf- , 011 Vlltur thu •sPee(1 with which this . .
net is charged or discharged ?
513 nieiit.K°’ 8,1 5 b,,t U "111 enter through the insti ll-
Q. Ill tlus case 09. tile ai'iii'i turn ?« ;n n
line and just like that in , , , its ,
other electro-magnet ? A S ' '""1
shown the manner in which- this case 00 is
514 Q* So fcllafc ill Doinf nf ftw.f „
over the neutral relay in c se 00 t,W|! goes
signals than they would bo if ls “ s,0'ver set of
additional things on Smt .m" ? ' ‘ .'mve tl,e
other words, if Vo 7™ « in 00 S <»
• capable of faster trnnsmissio °J vo,"'0'"? !’°
secondary and tertiary circuits ? 3 "8ud f,'°
ns^oitKiS0,!0::8 ** . fc
^aianaturehasgonS^CSX"?"
Q. That is all added'to the time ? A. Yes.
Q. Therefore, if you didn’t lin,ve those additional
traps there, and took your signal directly Irom the
line sounder, you could send it faster, if necessary,
than you can by that ?
A. I don’t know that the device would work
fast ; I haven’t seen the first one working ; I think 615
it would stick.
Q. The second one, is one you have seen actually
working? A. Yes.
Q. The second one necessarily involves a success¬
ion of signals, don’ tit; just like a repeater?
A. Yes.
(Witness in his testimony refers to
diagram of case no.)
Q. Now, sir. will you turn your attention to No.
97, which is on the 43rd' page, please look at that
diagram ! A. I have them both. 516
Q. You stated yesterday, ns I understand you,
that this tiling patented, or proposed to lie pat¬
ented ill No. 07, was applienble to automatic tele¬
graphy? A. Yes.
Q, Please turn back to page 45, at tlie top of that
page ; here is a claim of that patent ; please look at
it, “The batteries a and ft connected in opposition
to each other, in a circuit containing the rheostats
d e, tile-magnet a:, and receiving magnet h, in com¬
bination with the line circuit/ through 7i, the arti¬
ficial line </ r, and the shunt s containing the key
or lever k, the parts being arranged for operation
substantially ns set forth.” That is a combination 01 ‘
of eight distinct parts ? A. Yes.
Q. No one of those things shown on that pic¬
ture, is itself new, is it ? A. No. sir.
Q. They lire all well known tilings?
A. Yes, lint you can separate them.
Q. Each one of these elements is well known,
and lias been for many years ? A. Yes.
Q. Did you menu to tell the Court, that that
120
combination taken ns it is, there claimed, was ap¬
plicable to automatic telegraphy !
A. For simple transmission, yes ; there is the
bridge method, which is certainly applicable to au¬
tomatic telegraphy ; that is one thing.
Q. That is it you take out or the combination.
518 the bridge arrangement, yon could put that into
automatic telegraphy ?
A. The bridge arrangement could be applied to
Automatic Telegmpby.
Q. By taking that out of the machine it could be
applied in that way ?
A. Yes, the bridge arrangement could.
Q. You didn’t mean to say that that, combination
of eight parts, the electie magnet at. one end, and
the linger key at the other, and the bridge arrange¬
ment, were automatic telegraphy, did you ?
A. I did not say that.
rl0 Q. That could not be used in an automatic tele-
dJJ graph, could it?
A. The trausmiting part of the key could not be
used that way of course.
Q. The batteries a. b — two butteries — they are
part of the combination are they not ? A. Yes.
Q. Connected in opposition with each other in the
circuit? A. Yes.
Q. Having their poles opposing each other ?
A. Yes.
Q. And the rheostats d e are a part of the com¬
bination? A. Yes.
Q. Those two other larger things? A. Yes.
520 Q- Magnet x, that is in the circuit there ?
A. Yes.
A. And the receiving magnet 1 ? A. Yes.
TT°~ Q. That is the electie magnet of an ordinary re¬
lay like this ? A. It is a sounder.
Q. It is just like this', isn’tit? A. It may be a
relay, sir.
That is a relay, isn’t it — an electro magnet relay?
A. Yes.
IQ. The electro magnet relay, is one of the ele¬
ments of the combination, isn’ t it ? A. Yes.
Q. In combination with the line circuity through
l! n— that is, the line/ goes through the electro mag-
el! net It— the artificial line g r, the shunt s that is the
mtfarmtvOi magnet below the receiving electro magnet
llf coming to earth through the rheostats, containing 621
m the key or lever k ? A. Y es.
*§§ Q. That is the same as the Moi se key ? A. Y es.
V&| Q. That is an ordinary sending Morse key ?
‘I|i| Q. The parts being arranged for operation as
111# . described ? , ,
A. It maybe a key or it may not, it depends
it upon the mnnner of closing the circuit..
Q. That is a key, isn’t it ? A. Yes.
; q Now, is it not tine that this combination con-
tains the electro magnet receiver, the key for clos-
;s|ff ing the circuit, and a lot of other contrivances ? ^
i q Now, can that combination be used in chemi¬
cal telegraphy ; it cannot, can it? ' _
A Yes ; this bridge method which is there
shown can be applied to chemical telegraphy and
automatic telegraphy.
Ilg ike Court :
Q. The question is, ns I understand it, whether
the whole combination that is covered by that
claim is applicable, as a whole, to automatic tele-
irmoliv ? A. As it is there, no.
6 Q You can pick out some parts of it that can be B28
annlied to automatic telegraphy ?
A. Yes; that bridge method, ns I have said,
could bo applied to automatic telegraphy.
By Mr. Dickerson:
Q. This bridge arrangement that yon see here,
that belongs to. the combination and to the patent,
could be applied to automatic telegraphy if sepai-
r _ ..miilmintion ? A. Yes.
A. Yes, but in tlmt case they lire not. property,
because the position of the butteries is new.
They are put where they have not been put before.
524 q. Tlmt bridge arrangement you sny you could
use for automatic telegraphy ? A. Yes.
Q. Hut taking the whole combination, you could
not use it for automatic telegraphy;
A. No, becausu it is a Jlor.se method ; you can¬
not take the Morse method and work it automatic¬
ally ; you have a Morse receiver.
Q. You have also stated in your direct examina¬
tion that the tiling patented in 0!) was applicable to
automatic telegraphy, and that you could put the
chemical paper in the line somewhere where the
present electro magnets are ? A. Yes.
525 Q- You stilted that? A. Yes.
Q. You stated that if you put the chemical paper
in there, you could make that applicable to aiilo-
matic telegraphy i A. Yes.
Q. Do you mean to say that when it was done,
if it were done, tlmt would be the combination of
parts and devices described in the patent 00 ?
A. It would be the application of the first claim
to nutomotic telegraphy.
Q. It would bo the application of the principle,
you say ? A. Of the iirst claim itself.
Q. Wlmt is the first claim ?
A. Transmitting two distinct messages on one
620 wire in the same direction, and at the same time :
one operating by. reversal of the battery current;
the other by increasing or decreasing the current
from the battery.
Q. The abstract principles stated in that claim
' could be used in automatic telegraphy, you say ?
A. Yes.
Q. You suppose that the claim has got attached
to the bottom, the words “substantially as de-
A. I have not seen it there ; that is all tlmt I see.
Q. You are not .a patent lawyer, but the law
reads it soj whether it is there or not ?
A. That is all I see.
Mr. Wheeler objects to the last ques¬
tion and answer. Objection sustained ; 527
stricken out.
Q. Suppose the words, “Substantially as de¬
scribed,” to be written in the claim ; suppose you
saw them there at the' bottom of the claim, then
would you say that. it. was applicable to automatic
telegraphy?
A. Thai would clinngo the question, sir.
Q. You wonldn’t say then that it was applicable
to automatic telegraphy, would you ?
A. I would not say no, then. It may be.
Q. But you don’t know it.
A. In the Wheatstone system they used the first .>28
claim.
Q. I am not asking you about the Wheatstone
system. Can you answer my question, yes or no.
Suppose the words “ substantially as described”
were written to that claim ; then would you say it
was- applicable to automatic telegraphy ?
A. Even if the words “ substantially ns described”
were written there, Isay yes, I could transmit nnd
operate by mechanical process ; I could I think, by
certain contrivances apply to it automatic telegra¬
phy. I don’t see any impossibility about it.
Q. I am not speaking of what you think you g2o
could do. You stated it was applicable, nnd that
you would put the chemical paper receiver in the
place of the mechanical or electro magnet receiver.
You said that, didn’t you? A. Yes.
Q. Supposing you did that thing, then it would
not be substantially the thing described in this
patent would it?
• A. It would not be the whole of it.
Q. It would not be the tiling described, would it ?
A. It might lie 11 part of it.
Q. It would not bo the things substantially ns de¬
scribed in this invention, would it f
A. No, not all of them.
Mr. Wheeler. — Before wo go into that application
530 tt "my save a great deal of time and an unnecessary
prolongation of the case if I make a statement in
that regard. We do not claim, in this ease, that
hese particular applications were, as presented to
the Patent Ofhee, actually applied to autoinalic
telegraphy, because wo know very well they were
not; for, as Mr Edison applied all these npplica-
Ck turns, they were adapted to the Morse receiving
system. \\ hat wo do claim asjthe construction
or that agreement, and what is testified tobv the wit-
18 ',y tho slll''sti,"tio» "f equivalents,
hej could be so applied. Ido not see that there
o ntteri.fr °S n°- 8e8,n t0 ,,,c "•!lt if •« "ecessafv
ninteii. l to go mto an elaborate cross-exumina-
i’°" °Tf a l «'«* details of the application. Tlmre-
t mt ':s noitl,er mnierialto the is-
on oross-exa^pnimitioin “ 1>r01’M’ C°,,re° t°',,".r8"°
632 oftSr:^ [,icnd -*«d the question
i2r.
ie telegraphy, I will dispense with the cross-exami¬
nation.
The Cowl.— I understand hint to say so.
Mr. Dicherson. — If he says that, there is no need
to continue the cross-examination on that point.
Mr. Wheeler.— I do not say that.
Mr. Dieheeson. — It was argued with a great deal
of elaboration by my learned friend that they had a
contract under which they were entitled to the in¬
vention that Edison made and which was applica¬
ble to automatic telegraphy. He then told your
Honor he was going to show by expert witnesses
that 00 (the only thing tlint lias any value in this
case, the rest being bosh,) was applicable to auto¬
matic. telegraphy, that is the premiss in the logic of Bg4
my learned friend upon which his syllogism is to
depend. Now, the meaning of the word “applica¬
ble” I do not propose to discuss at the present
moment. I simply propose, for the purpose of this
nrgument, to regard it in the light in which
my friend on the other side has used the
word, namely, that the thing is applicable to
the automatic telegraph, that is if you take
it and put it into automatic telegraphy yon
could, by means of it work an automatic
telegraph. That is the iirst proposition. Helms
stated that the the thing claimed in. 00 was appli¬
cable to the automatic telegraphy. Having said 535
that, I propose, by cross-exnniinntion, to have the
witness explain how it is applicable to automatic
telegraphy, and, I imagine, when we get .through
we will have disposed of the argument of . my friend
upon the other side. I propose to demolish the
minor of his syllogism.
Mr. Wheeler. — My friend does not apprehend
my proposition. It is very important, I think, to
y
a correct consideration ot the case, that it should
bo clearly apprehended, as it may dispense with
the line of cross-examination, that is now being
adopted, to some extent. AVe do not claim or
argue that all the machinery pictured in these
drawings, or those combinations, precisely its they
“ nre t-liore stated and shown, could be put into a line
and worked in combination with the automatic
system ; but wo do claim that, by the substitution
of equivalents, they could be so used. Now, it is
perfectly competent, upon cross-examination, for my
friend upon the other side to lind out from the wit’-
uess whether the combination put together in a
certain way, or any part of it, can be applied to
automatic telegraphy. Anything which tends to
elucidate that, I suppose, is perfectly material; wlmt
1 object to is a line of cross-examination which is
not material, and which simply takes up time. All
1 we claim is that by the substitution of equivalents
it could be used for automatic telegraphy.
The Court. — The question is whether the whole
combination can be used in that way.
Mr. 1F7teeler.—TUo line of cross-oxaminatiotn that
is being pursued does not tend to throw nuv light
upon that subject.
The. Court.— It seems to me it is legitimate.
Mr. Dickerson produces a diagram of 00,
3 made in crayon, upon a large blackboard ; lie
p , \ proposes to. explain it to the Court, and that
^ ' V 1118 explanation shall assume the form of
.. questions to which the witness shall give as-
, sent if ho thinks them correct. He stntes
that he does it. for the information of the
tourt, and that ho proposes to lend the wit¬
ness in this way for the reason that he is
. "tl !" t0 slle»k English with sufficient in¬
telligibility to make himself clearly under¬
stood. The suggestion as to the blackboard is
assented to by the counsel for the plaintiffs,
and also by the witness. A copy is annexed,
and marked Exhibit 1.
Q. Now, this diagram represents, on the left side
of it, a sending apparatus— we will call it the New
York station, and this (referring, to diagram) iep-
rcsents the receiving end, we will say Bo ™ f
thii is a line wire which connects the two. lhe
spuoiliout'ioii at. 09 does not show any quadruplex
at all, does it? A. No, sir.
Q The suggestion in the second paragraph of tlie,
specification that refers to 00 (folio 177) (speaks of
duplicating the parts so as to describe four tians-
milting apparatus and four receiving apparatus
over one wire. That is the only reference of the
patent to a quadruplex. Now, it is not a true
statement, is it, that by duplicating those parts ,-)40
vou can make a quadruplex ?
‘ No sir ; some Germans use that word ; it
would not be duplicating but duplexing them. It
is what you would call “double telegraphing.
Q. Duplicating the parts would not make the .
' quadruplex at all, would it ?
A. Yes ; duplicating them in the .proper way.
Q. In no way that is shown in this patent?
A. No, sir ; any duplexing could be applied—
Q I am not asking about that, yon might ex¬
periment and might duplexit, but you could , not
quadruplex it. There is nothing described here by
which you could do it. What you see here shows 641
vou only one instrument or one pair of instruments
to send from New York, and one pair to receive at
Boston. That is all that the. patent describes 1 A.
Yq’. In this drawing, that which is marked B is
the battery? A. Yes. . , , Vpq
Q. The battery is made in two parts? A. xes
Q. One of which is in connection with the line
for the purpose of operating the reversal or pol-
n
eitlier of "L’J'lreferri! i"'"y 1>e 00,1"«:tccl will,
Joy in position. "c 1 ku,!l)s ,IlL‘ Jjoln rijted re-
642 ^ is niwnys on tin, lj„0 ? «
on t).o lineriPS°n0f ^ l,atfory is »>''-nys
Q. S2toi^Si^rfaftr,lof,t’ A-Yes-
°» Mioiino and *,meHn,cs * ,e,y >s somotimos •
i-SAnr :^rsityrf^'^^iowt.,
flint Hie two togetliermv Vn"" ' "'f "l’I,er half, so
A. Yes. ••mmcrfed will, the lino?
an increase or (li,„inil|jon ’ ’s Zm"S send hy
atw "')l0 sends l>vreveish,r„"0rk"‘ff’,ll00l'er-
543 'ei’ses a portion of the bn Zt . ,C"1T*!nt> only re-
'! 10 'Vlsl"‘s to send I,v nn in ? ’ " 10,1 t,le operator
the current, closes his key lmT* °'‘ 'li,nin,"i°ii of
bf f'Y into the other &L .“'T"1 l,is «■* <>f the
"hole battery operates ,,, ,",ls’ ;ln<1 tlien the
versed, if the reS " 1 " "‘e wholl! «"*
A. Yes. '"g opera lor chooses lod
Q. Now we come , ,
«iinff called a polarized,* w £*%!** 5 the
at the letter “]» .... .. . } ,n this patent, laken
sleal V’> ,t,,e nrn,ature of tl e T";"’."'0,'ks »* tins
stead of being 0f soft s . l’0,,"'«*d relay in
844 TSL A' i»«rn
TO, ' "mnturo is „f
ilie effect, is the
"-ere permanently magnetized ? ‘1'° itself
gananisni or electricity
is passing. If the current comes in one direction,
that is, if the coil of enclosing wire is wound
annual a. sort iron core Irani left to right, and the
current of the electricity is passed through it, it
magnetiz.es that core, one end being the north pole,
and the other end the south pole ; that is, if you
should hang that piece of iron up on a hair, it • 545
would swing to the magnetic meridian ? A. Yes.
Q. If you send that' current through in the oppo¬
site direction around that. soft iron core, it will then
change the polarity of the core, and convert the
north pole into the south pole and the south pole
into the north pole? A. Yes.
Q. Therefore, when you send a reverse current
over the line, now plus, now minus, you change the '
polarity of the soft iron core which may bo in the
circuit! A. Yes.
Q- Ivon-, the permanent armature is itself pol¬
arized, that is, being a permanent magnet, it has a r,„
north and south pole to it; if you bring the two 540
north poles together, they will repel each other ;
ir you bring a north or south pole together, they
will attract each other, therefore, when this perma¬
nent magnet or armature is between the poles of
this electro-magnet, and this outer end is the north
polo, it "ill he attracted to one side by the south
pole magnetism ; it will be repelled or attracted by
the other side when the current is reversed, and the
soft iron becomes' the north pole, and so, from the
time the current changes, going one way or the
otlier, this permanent magnet or armature is at¬
tracted to one side or the other, and so makes the '647
signal ? A. Yes. -
Q. Therefore, it is called a polarized relay, for
tho reason obviously, that when . the “polarity is
changed, that polarized relay is affected by the re¬
versal of tho current ; at one time this armature
goes to one side, and when the current is reversed,
it goes to the other side, and that motion makes the
signal desired ?
A. Yus ; that you get in working n common re¬
lay too.
Q. Now that magnetic relay will do this thing;
whether the current afreets it more or less when it
acts, you can add as much more to it ns yon will
ami it will still act. It. is not in any way injurious-
o ly a fleeted by the increase or the current through
Q. Then again, the neutral relay, the ordinary
electro-magnet or the Morse Receiver, which I have
shown, is called, in this connection, neutral, because
the armature itself is not magnetic. It is a niece of
unmagnetized iron, and the cores of this instrument
will be magnetized, ir the current goes through it.
If it goes through it from right to Iert.it will lie
magnetized. If it goes through it from left to right
it will be magnetized, and in either case, it will at¬
tract the neutral armature ; is that correct ' '
Q. Then, as a third element in the case, when this
weak half of the battery is working, it magnetizes
h.s neutral relay every time tl.e currents passes
but. whether it magnetizes strong enough to pull Hie
armature, is a question that is to be determined by
the strength of the retractile spring, a.nl that. spring
is shown hero drawing back the nrniatnre, and that
spung is adjusted to such a strength as that the
1 e,tT tlL k bntt 1 thong], it does
magnetize the cores, will not magnetize it enough
to puii aown the armature and make the signal . *
550 Q- But this spring is adjusted weak enough »»
t at nhen you add the additional battery to it, the
y r5 ^ *
is how a’ s!ei',d ing °f tl,e here
his fimrer ' Sent' k'ippose the operator has
as f ? m Krmu key "’hicl1 is shown here
,as f. \\ o mil suppose, for convenience, that a fin-
pi esses that key, lie reverses tile current of his
131
small section of the buttery, and his polarized re¬
lay responds, but lie must have such a key and
such an apparatus there as that there will he
no break in the connection between the battery and
circuit, because, if lie breaks it, there will be nil in¬
terval when there will be no battery acting. A key
that will do that— 55*
A. Not necessarily a key; it can lie done by dif¬
ferent devices.
Q. This is a key described in this patent, and
patented in this patent, and mast be so constructed
ns that- when it dees reverse it will not break tile
connection nt any time, and tile reason of that is
that if you break the connection for a moment, at
that particular time the mail who is going to send
the quantity current may want to use tile line, and
ir it is broken lie cannot. That is the reason, is it
not? A. Yes.
Q. And therefore you must have such a key or 552
contrivance aw that. you can reverse your batteries
without at any time breaking the metallic circuit ?
A. You can reverse your batteries without break¬
ing.
Q. You must have 11 key or' other contrivance so
Hint it will reverse the battery without breaking the
' metallic circuit ? A. Yes.
Q. I am now describing H10 qualities of this ma-
■ chine, and this machine which lias a key must have
that character if you use it without a key. It must
have the capacity of reversing without breaking the
circuit? A. Yes. _
Q. And that key is one of the tilings patented in
this patent?
A. A key like that existed before.
Q. (Question repented.)
A. I don’t know that lie patented Hint key.
(Mr. Dickerson rends the 4th claim of the patent,
Tinge 00.)
The. Witness.— Ho claims it.
182
Q. That reversing key is one of the things-piilenl-
ed here. Now, whatever instrument there is, it
mast have the capacity of lnaintaining the nielallic
contact i A. Yes.
Q. The key that sends tile increase of ciirrent
__ must also be arranged so that, it can bring out the
004 additional battery without breaking the circuit '
Q. These two points being understood a t this end,
this is what happens, isn’t it: when the operator
for reversing lias his key in action, the other opera¬
tors may throw in tin additional quantity without
interfering with his polarized relay? A. Yes.
Q. But as soon as that additional quantity is
thrown in; for so long that neutral relay will act ?
Q. And it will cease to act when this additional
battery is thrown out? A. Yes.
555 Q- And it will keep coming down if you want it-
down, notwithstanding, that while it is down, the
man who works the reverse current may actually
reverse the currents, it. will keep the circuit closed ;
A. It will produce a. kicking of the armature on
7 the reverse side if it is nofydosed : it will nut kick
against the front contact.
Q. Now we come to the difficulty in this case.
;> The difficulty of applying this combination of re¬
versing and intensity currents to two independent
instruments as these, nunielv— that while the cur¬
rent is passing through this neutral relay, if it is
556 y®ver®ed th® operator on the reversing key, there
in"hecoreli It,Yes"’hen b ,m,S,"Jti8m
Q. And, as a consequence, the armature, at that
moment is not attracted ? A. Yes.
V Tseq"e"ce- spring pulls it
oy Tt t ?-eS 1 ,S lei,<sllud fol> 1111 instant.
Aiw,"1 Tt '•
tl„fs'svlt™,nnle3f 411,11 diiiiculty can be overcome,
this sj stem is not practicable, that is so, is it not i
188
A. No ; not witli that apparatus.
Q. Therefore, somo invention had to bo made
that would remedy that defect which existed in an
ordinary Morse relay ?
A. Yes ; so far ns the Morse system is concerned.
Q. 1 am on this machine at' present. Now, that
remedy is found in a little apparatus that is shown 557
by the letters T t ml U, U, around on this end of the
drawing? A.- Yes.
Q. And that is the remedy we have already 1
spoken of as a slower process ? A. Yes. I
Q. Now, that being the explanation of the in¬
strument, you said you would put into, it at these
positions (illustrating), the chemical paper?
A. Yes ; that would be one of the ways.
Q. Now, before you did that, we will suppose, if you '
please, that this is a machine operating between
New York and Boston, and you are directed to
turn them into a chemical telegraph ; the first thing _
you would have to do. would be to take these me- i,d° ,
chaniral relays out ?
A. In one case, yes ; and in one case you may
leave them,, and not take them away. %n~c\ [ujJ
Q. In case you left them, then wlmt would yon v
do?
A. I should receive on chemical paper oh the lo¬
cal, as Bains.
Q. You would add to these two receivers, a chem¬
ical telegraph on top ?
A. I should substitute for T and N. chemical pa¬
per.
Q. .You can use it on top of these mechanical np- 559
paratus? A. I didn’t say on top.
Q. You leave these relays on the line, ?
A. In one of the views.
Q. You leave these relays on the line, and in
place of taking your signals oil by sound, you
take off your signals, by putting in a wheel and
a mechanical apparatus, such ns Bain’s ?
A. Yes ; but I told you before, there was another
way to do it.
(loQi't r 'a Yes"° of by which you would
Q. That would reduce the speed of your chemical
telegraph to- the speed of the magnetic much ilms ?
A. T don t know that I would reduce it. ; it is ' .
5G0 aSTt'S;?8 1 <Wt know th.it I would hare ;
• nm silnl,]y "l'on tiie question of vour send-
hlfoT 'V0, <1S " 1,nhvw" I?®* York and B..f-
A. T didn’t say that.
Q. What rate of speed do you sav now >
A 1 said I thought we could do it; they don’t
sjar— — . .
mmt vn '"0" 1"10i"1 ^°f5° hack on the state-
M ]W i"u'-
561 „„AV 1 n‘Ji"st fho instruments so tlmt it will do
fco ; I said I thought it could be do»n imf t
as-1 zz
words ? A. Yes. °" he,ul -«"• you send film
Q. How many do yon send?
A. I hey do tlmt too ; I can m-ik» it .. ,
please. can make it as slow as I
Q. The credit of it. is that it can work r-ist >
tlmt JaT mak0 20,001* vibrations in one ndnute, if
telegi«phyo^^veV^?8?,,t '■! tllU ‘"Somatic
working to Boston. I „r onn'!!!’ ’C? 1,1 11 1 1
comparing it with this thin " ti l • S" >J,e“ ’ "ml
;sw ,o Bost6""t *>- -hs s^grss.
A. Will you nermit ... *
>y-»e4.,»U'X.l7:r,,Lr,7ls
circuit chemical paper I can send (300 words per . . „ 1 J
minute ; I can do that by using n polarized relay. 0 a<Cu^Ct'
Q. You have got to get your automatic to work
here after Mils armature lias worked, haven’t you ?
This armature works first that, you retain and then
it opens and closes the circuit, making the second
one work ' A. Yes. 5C>8
Q. You can put on top of this thing a chemical
apparatus and make it work beyond this ?
A. Yes.
Q. Tiie speed of tlmt chemical apparatus is affect¬
ed ir not determined by the limitations of the inter¬
mediate relay ' •
A. No ; tiie other works just as fast as tile paper
will take it.
Q. Whatever the speed, you will put in, as I un¬
derstand you, in place of “ t,” a chemical telegraph t
A. Yes.
Q. Tlmt will lie in the place of “ t?” A. Yes.
Q. Then the message or signal that goes through
the chemical apparatus would lirst go through the
Morse sounder or Morse relay 1 A. Yes.
Q- And the speed that you could, make your
chemical thing work would he governed by the
speed at which you got this thing to work!
A. Yes.
Q. And tluit is slow, isn’t it!
A. By using tiie samo relay which I used in the
first. instance— by putting a relay there, (pointing
to dingram,) I will get tiny speed.
Q. Tlmt is another tiling. I am asking about the
thing shown on this patent, not of what can bo in¬
vented by you. Tluitis a thing shown in this pat¬
ent, isn't it! A. Yes, tlmt is a common relay.
Q. This thing shown mi tlmt patent would con-
Q- Bo you think it would bo a good plan t
)fcU m your automatic telegraph, a mec
legrapli first, and then lot it- work an uul
Bo/jfidrmt’s counsel objeols
ground that it is opening a now
inquiry. Whether a thing is ap
is one thing, whether itisndvnnti
another. There is no mention
the agreement of advantageous
tiio word applicable. Whethei
advantageous or not is not an r
fore the Court.
Objection overruled. .
Intuiimission.
187
Q. Before answering the question which remain-
| ed unanswered nt recess, I will ask yon another.
i The Morse telegraph is usually worked with a local
- circuit? A. Yes, sir.
Q. Which circuit is opened and closed by the
main line relay ?
A. Yes, sir; in America; in Europe, no. 6(1
Q. The local circuit lias nlw’nys, from the begin¬
ning of the Morse system, been used in it?
A. It is not absolutely necessary,
t Q. I don’t ask you that. Please answer my
^question ? A. Yes, sir; in America.
I q. You can put in the local circuit on any Morse
Mine, the automatic receiving paper, the chemically
JSrepnred receiving paper ?
®g A. I don’t see anything automatic in that.
W Q. No matter what you see. I ask you the ques-
cSftion ? A. I cannot answer, if you ask me if I can
• «put in an automatic attachment. That- is not an at-
j'taehment. f>'
Q. We will drop the word automatic. You can
‘-fput into any local circuit of any Morse line the same
Kiing that you propose to put in here, [lleferring
> drawing on the black board.] A.' Yes, sir.
Q. And it will be exactly the same in respect to
. ic Morse receiver as it is in respect to the receiver
^Stliown in this drawing 1 A. In every respect.
' -ItQ. Ia respect to the receiver it will be just the
f sanie in one case as in the other ?
No, sir, not always.
ifffi. Not always ? A. No, sir.
•lap Whenever this electro-magnet is charged so
IBrafto produce motion on the armature, then your
iojmmicul apparatus will work ? A. Yes, sir. B
gjjfa. And whenever you charge this, you have
Jfsliown in the drawing, your chemical apparatus
jUgjwill work ? A. What I mean is that with an auto-
ifffmatic attachment, or with a sounder, a break in
/W the current is produced which a chemical receiver
will not sliow.
Q. Lot us go back a little. The question I ask
you is : If you put your eliemieal receiver into the
local circuit on uMorse line — takeany Morsesystem
like this here ; say a lino from Boston, yon can
either receive the signal by the click of the arma¬
ture, or you can let that armature pull the trigger,
-„q open and close another battery circuit, which will
operate npon chemically prepared paper running
out on a wheel ? A. Yes, sir.
Q. In doing that you do in respect to that'ni-mn-
turo and your relay just what you are proposing to
do in the drawing here (Ex. I.)? A. Yes, sir.
Q. That, therefore, is common then to any Morse
relay— the capacity to put in the chemically pre¬
pared papers ?
A. What do you call a Morse relay 1
Q. Any Morse relay on any line ‘in the United
States ? A. Yes, sir.
Q. Suppose some one to invent an improvement
m this relay, as Tor instance, making the adjust-
573 ments nicer; these are all patentable?
A. \ou mean changing the proportions ?
, . Inv?uti,,S improvements in this relay, such as
making the whole body move under the screw ?
principle'.1 " outside of the
Q. That is an improvement bn the relay ?
A. In the manner of adjusting it?
'S an. improvement in the relay ;
i ^ ca,1 t l:lt nn improvement applicable to ,
re i°v 'in 0g'.'npl,y bet'i,,lse y°« «»n use that
paperT C°"°n «» oliemically prepared
574
Q- i on had better not try to gmsii mv Mens-
answer my question? grasp my ideas ;
A. There are so many improvements made
Q. Now, we will take just one j turningSmtback
screw moves the entire helices through the spec¬
tacles here ? A. Yes, sir.
Q. That was at one time a patented improvement
on relays? A. Yes, sir.
Q. When that was made would you say that was
an improvement applicable to automatic telegraphy
because this relay can be used to hitch on to a
chemical receiver?
A. To talk very clearly it was nn improvement
made in that relay ; the relay could afterwards be
made applicable to the automatic telegraph, an im¬
provement which is an advantage because the re¬
lay itself is improved.
Q. Your proposition now is, that you could put
in this chemical paper and the apparatus belonging
to it at the receiving end of the line, shown on this
dinwing.
A. Yes, sir.
Q. .Then you would have some machinery to run
that wheel, and you would have a paper ?
A. Yes, sir; machinery or a man.
Q. And you would have a battery to do the dis¬
coloration of this paper which would not be the
main line?
A. It could be done in that way. That is one of
the ways.
Q. And you would do the same thing here ? [In¬
dicating the other sounder on the drawing.] A. Yes,
Q. Now, you have added to each of these electro¬
magnets, your chemical apparatus instead of the
sounder which is usually employed ?
A. Yes, sir.
Q. Then you have not got an automatic telegraph
yet?
A. In the automatic telegraph we can receive on
chemical paper or not ; we sometimes receive on ink
and paper, and it is still an automatic telegraph ; I
can have a good register, and receive quicker than
otherwise, and that would be still an automatic tel¬
egraph.
Q. Having done the two tilings that you pur¬
posed to do, yon have not yet made that mi auto¬
matic telegraph '
A. Well, sir; if you make something automatic
in a part of I lie machine, you hurt) it to a certuiu
extent. It belongs to you to call it automatic or
Q. You know what automatic telegraphy is ?
A. There are two apparatus— the transmitting
and the receiving apparatus. Boston would receive
automatically in that case.
•Q. Then you say automatic means a chemically
prepared paper receiver, irrespective of how it is
sent ; do you say that?
A. Automatic telegraphy means, in my oxrinion,
an} telegraphy which is- done by machinery and
not by tlie hand of man, no matter how fast or
slowly it is done.
Q. This Morse register takes the message by a
machine running out the paper, and indenting it as
it goes out instead of running out a paper and
coloring it by electricity as it goes out, and both are
delivered by machinery ?
A. It is automatic in that respect.
Q. This Morse machine, using the old Morse reg¬
ister, is an automatic telegraph, in your understand¬
ing of the term, automatic telegraph ?
• A,'i YrS' sir ’ 80 fllr 113 reB8*'’*nS is concerned, that
is all ; I limit myself to tint, oth wwise it. is not au¬
tomatic ; the receiving is automatic,
wi?- Uitllf:'i8 or is not 11,1 automatic telegraph
when these things have been done which yon de¬
scribe ; now, which is it ? *
tomiiti °alm0t llns'vel' t'lat question ; it is partly au-
wlmn v° yi0U kU-,0W wl,lBth01' ik is " automatic,
to bedone “lVe things which you supposed
naiVl J„t!!!nk ^ anj[bo?>r 1,1 '«y place, it would be
°*; 'b ‘f automatic in that place,
that pin automntio machinery, and only in
place of these sounders, the Morse register ?
A. Yes, sir.
Q. It is still the sounder 1 A. Yes, sir.
Q. If you put the Morse register into that Morse
relay, then it would convert tile thing into an auto¬
matic telegraph, in your opinion ?
A. Not yet ; so far as the receiving is concerned, 581
Q. Is it automatic or not, when you have put the
Morse register in, to run out a strip of paper and
emboss it, leaving the apparatus otherwise as it
stands 2
A. Yes, sir ; it is so automatic at the receiving
end, that the operator cun close the oilice and go
a way for all day, and the next day lie can read the
telegram.
Q. I only want an answer to my question, do
you. call that thing, so constructed, an automatic
telegraph, as you understand thu meaning ol the
term, automatic telegraph ! . -go
A. The receiving end or the whole thing 1
Q. Leave the thing altogether as it stands; do
you call it an automatic telegraph ?
A. I can’t say the whole thing ; I say the receiv¬
ing part of it is automatic.
A. It tlie oue-half of that board were white and
the other half were black, and they asked me
whether it were black or white, what would you
want me to say ?
Q. I cannot answer that ; tlie question I must
have answered, either one way or tlie other, ‘lyes'” ;
or “no,” or “I don’t know,” there are three ways
you can answer it, had I am going 'to have it an¬
swered one way or the other 1 '
A. I will try to bo exact.
Q. Let us know whether you understand hie ; I
1-12
am going to put in hole Mm Jlor.se register, von
know what that is? A. Yes, sir.
Q. Anil you know how the machine would act
perfectly ir it had the Morse register in there?
A. Yes, sir.
Q. It would deliver a strip of paper with the
• signals < I 1 upon it vhieh could he read hy
e84 aiiy one who knows the alphabet ? A. Yes, sir.
Q. Now, taking the entire machine with that
substitution, leaving all the rest just as it is, would
that, be an automatic telegraph, or would it not ?
A. I understand the question very well, and I
'vil! meet it ; anybody in my place would not be
able to answer that question ; it is just the same as
if half that board were white and half were bhick,
and I was asked whether it were white or black.
Ihere are two parts in a telegraph ; one a receiving
.mil one a sending ; this part here is arraimed
automatically and the other is not ; and when you
ask me about that system it is impossible for me
585
y,m Slly y«>u don't know whether it is
oi not, an automatic telegraph ?
A. I don’t say that.
Q. Do you know whether it is or not ?
part would be. Simtli"S p,lt is ,,ot ilnd the 'Reiving
Mr. Dickerson asks tho Court toinstruct the
ThoCourta.-tert
Q. Now you must say whether you know or not?
j The Court.— Would y
all the parts taken in
telegraph ?
oil call the whole thing —
connection an automatic
m.A'w2"; ':!!! »« . . . I ho.isks'
half black : there are two parts in this machine
which are joined together ; there is a sending and a
receiving-apparatus ; the receiving is automatic in
my opinion and the transmitting is not.
The Court. — Is tho whole automatic ?
A. Tho whole of it toguther?
The Court.— Yes, sir ? .
A. I cannot answer that question ; if any part
of it is automatic—
The Court. — Is tho whole necessarily automatic,
becausu a part of it is?
A. The whole of it automatic ?
The Court. — You might as well say, when you
were asked whether a board was black or white,
one-half of which was. white, that it was all white ?
A. In that case it is clear; tile whole of it is not
automatic.
Q. This telegraph is not an automatic telegraph ?
A. I don’t say that; the whole of it is not nu-
oinatic : I answered his honor ns he asked me.
Q. Cut it in two, neither end is a telegraph by it¬
self?
A. No, sir ; there is no way of communication.
Q. It takes the entire series from end to end to
be a telegraph ? A. Yes, sir.
Q. Now, is that telegraph, composed of that en¬
tire series from end to end, making a telegraph, lin
automatic telegraph, or is it not, when it has the
Morse relay, in there ?
A. Tho whole- of it is not automatic— the whole
of this telegraph system is not automatic.
Q. Is it an automatic telegraph — not whether the
whole of it is ?
A. That depends upon tho popular acceptation of
the word.
A. 1 ho whole: of this telegraph is not !intoi»»t<c
Mint is what ] say again.
Q. Now, sir, wo will suppose yon are pallia;
yoar paper into Ibis place; then would themnehim
work at all ?
A. It I wanted to put in my paper ?
Q. Yes, sir; lake out this sounder, T, and pal ii
Place of it the Haiti chemical paper apparatus— tin
Bain receiver with I he proper apparatus to drive it
would that telegraph then lie operated '
A. You ask if that could work !
Q. Yes, sir ; would that he an operative telegraph
A. Yes, sir : it could work.
Q. Would it he tut operative telegraph— a douhh
sender telegraph ?
A. You might have a sender there.
Q. 1 am not asking what you might have. Yot
have said what you would do, would he to put it
your paper wheel in the place of T ? A. Yes, sir.
Q. 1 have supposed it done; would the’thim
work? A. It would work ; yes, sir.
Q. For the purpose of sending two messages it
the same direction ? A. Yes, sir. •
Q. There would he a mutilation of the signal.'
when that armature fell oil at the moment or rover-
sal? A. When the armature roll off?
Q. Yes, sir.
A. When the armature falls off, as it is not sup¬
posed to touch the hack, stop, it. would not make
any trouble.
Q. No matter what it is supposed to touch ; have
you finished what you desired tosav*
A. So far as I went.
Q. No matter about the back stop or the front
E*?*,*?** V1",,u >,0» Please and substitute
the wheel of the Bain machine?
.It1woulfl not any more trouble in the
sounder 1MP" Sy8tem t,mn would in your
Q. Now, this apparatus here which you are going
to take away —
A. (Interrupting). Permit mo— I suppose these
batteries will balance ; I know it is difficult in prac¬
tice; I know it has been a burden with them, but 593
T suppose them well balanced ?
Q. Bo you think that there is any mechanical
telegraphic machine ever made that could be put
in in the place of that, and remedy the difficulty oJ< o.
that results from the reversal of the currents in the -
neutral relay; if so, where is that machine? when
was it made ? and where van I find a description of
A. I can answer all those questions ; there are
two ways to do it ; if I understand you, you asked
me if a chemical paper put in place of this sounder
T, would not he influenced — if it false mark would
not he shown upon it.] This arrangement must bo -gq
well adjusted, and then I see no reason why it will
not work just as well as the other. The other case
is - ,
Q. I don’t want the other case ?
A. You want to know how it could he remedied
—how the reversal, which produced a kick hack on
the armature could he remedied. I have seen it
remedied in double sending chemical telegraph with
no more trouble than is experienced there without
using the same device. This reversal of current
was perfectly remedied in the paper which I. have
seen ; a paper in the quadra plex and. duplex auto¬
matic telegraphs ; I mean by transmitting by per¬
forated paper, and receiving with both instruments 898
by chemical paper.
Q. Now, we will go back to my question ; I have
not asked you what you have seen in any hook that
would do it ?
A. I didn’t say in any book ; I have seen it di¬
vided by Edison himself— I have seen a way devised
by him to do it in that system.
mm
Q. Was that thing that Edison had devised the
combination of that neutral relay with a chemically
prepared wheel and arrangement here?
A. It was net that ; it was in the other system.
Q. I don’t want any other system at present ; we
will got through with this. You lmvo told this
Court that if you put the wheel or a Bain inslrit-
5!Kj mont in where T is, then this would be a double
transmitter, and would not be alleetcd by the rever¬
sal or the current suspending magnetism in that
neutral relay! A. Ho, sir ; it would not. be af¬
fected ; I don’t think so.
Q. Will you just tell ns why, when the armature
tails oil, the neat in I relay hero, at the moment of
reversal, and strikes that, (indicating on black
board), the signal would not go through the chemi¬
cal paper!
A. First, I do not. admit that ; the armature will
not have lime to kick back ir well adjusted-; it will
conn; lot-ward betere it touches it ; the succession
507 l,r is "O quick, ir you use the short coil
as it is used there in that, system of quadruplex.
Q. I don’t care about any details.
A. The armature will not have time to kick back
on a short hue, if you keep a sullicient play be¬
tween them, and it it. produces that effect, it wil
ep'Jvtt/ ,,IO,lI,,u 118 " sl)"n<ler ; the sound-
i will kick backward and give a. false signal, and
the paper would give a raise signal, too. ’
Q. ion have told this Court, alreadv, that this
apparatus marked U, was necessary in this ma-
.
to. .
; ■* “ >, 1 >" « ~ sjf, asti
marking your chemical paper? A. Nothing.
Thu Court . — Why is it not equally necessary now-
as before ?
A. Because there are two batteries now, which
are in close circuit, which try to work that sound¬
er in opposite directions; I don’t think those bat¬
teries in the drawing are represented right ; the
poles should be reversed; the sounder would work 599
then ; line of the batteries tries to work thesound-
e -, and the other tries to prevent it. To illustrate,
suppose there is a carriage with two horses,
one in front, and one behind, and they both
try to pull it ; as long as they pull together, there is
no motion of the carriage, but as soon as you re¬
move one of the horses— what you do when you re¬
move one of the batteries by opening its circuit—
then the carriage moves in the direction of the other
horse.
Q. When there is a su pension of magnetism in
this neutral relay, thoarinatureletsgo, and is pulled
back from the stop ?
A. You mean a reversal ?
Q. "Vos, sir; when the magnetism is suspended
by reversal ? A. Yes, sir.
Q. When magnetism ceases, then this spring
pulls back the armature? A. Yes, sir.
Q. And it strikes against the point called the
back point? A. Yes, sir.
Q. Which back point coming into contact with the
armature lever, makes a circuit around here, [indi¬
cating on the drawing], and that circuit being closed,,
starts a second electro magnet which does the
sounding? A. Yes. sir.
Q. Now, the way that this prevents that sound
from being made, is that, by reason of the arrange- 001
nient shown hero, there is so much time taken to
charge up tliu magnet of the second relay, or the
sounding relay that- the armature on the main line
is jerked back from contact by the reversal, before
time unoiigh is given to charge the second rolny and
make the sound, is not that it ? A. Yes, sir.
Q. Therefohi, the slowness of this arrangement is
mmimuu MU mu ilium lluu lliu.s Itsiuk and I I
nftcr aii exceedingly short time i
A. It may, if it i.s not well adjusted ; on a loiij
line it will ; between Heston and Mew York 1 tliinl
it would. ■
Q. Then when it touches the hack point itniake
a circuit ? A. Yes, sir.
Q. It that circuit remained for a little time i
would sound ?
A. Your sounder was attracted • T n„.
nture of tlio sounder will fall" back.
„ Q;. Amwwmy question without going into tliesi
pmtieiilars ; it that contact remainud a little while
thoro would be a signal given, would tlieru not ?
Id!)
A. There may be in some cases a false signal,
not a signal.
Q. No matter about false signals.
A. A false signal is not a signal.
Q. It is a signal, whether it. is false or true?
A. Tt is an interruption of a signal ; it is it coun-
terfo'ting of a signal, because the sounder is down,
making a dash, for instance ; it is a spoiling of the 005
signal, that is what I mean.
Q. Certainly; it does something that spoils the
signal i
A. If the sounder litis long cores, it may prevent
it in a curtain measure.
Q. By virtue of the fact that that circuit is
closed, there is an effect produced here that spoils
the signal, unless there be something to prevent it ?
A. It may be spoiled.
Q. Now, in this apparatus, what prevents it is
the fact that it takes so long to charge that core
against tliu force of the other battery, that the
circuit made around here is broken again by the j.qq ■
re-attraction of this neutral magnet before time
enough has been given for tile local battery to do
that work ; is not that the way it is done ?
A. Tlie sounder ns at present constructed would
respond very quickly to the motion and the signal
would be spoiled.
Q. But this apparatus here, having the two liat-
' teries balancing each other, makes this tiling so
slow to respond 2
A. It may bo very quick to respond, if you used
some sounders of the Western Union Telegraph
- Company, which are very quick to respond.
Q. I am not asking you what might be done, I
am asking you whother tlie theory of tlint machine
is not this, namely, that, the sounder is so slow to 007
respond
A. It. may be very quick to respond.
Q. I know — —it it is very quick it will make a
false signal 1 A. Yes, sir.
(J. Therefore, it- cannot be made very quickly
A. If it is very slow it. will do very well.
Q. If it makes a false signal it does not do at all,
does, it! A. No, sir.
Q. Therefore, it lias got, to lie made so slow that
GOS it will hot make n false signal in order to do the
work required here?
A. A eommon sounder which we use in the Allan-
& Pacihc Telegraph Company will respond and
break sharply.
Q. Ido not ask you whether you could put some¬
thing in there which would' cure tile evil ; I
don’t doubt that you could; what 1 am now ask¬
ing you is how does this thing cure the evil !
A. As it is done there, so far as l know it is by '
taking a long core sounder, and haring a spring,
not very fight, so far as I see it in the drawing
(!00 ^ In the thing shown in the patent ; there are
two ways shown in the patent! A. Ves. sir.
Q. Hi either or the two ways shown in that pat¬
ent thu effect is produced because this apparatus is
so slow to respond, no matter what the reason nuir
be, that the very minute time of contact is not
enough to make it respond !
A. If it is an improvement, yes, sir.
Q- No ; is not that the way the thing acts ?
A. It is not essential.
Q. I am not asking you wlmt til am
asking you whether that machine, as described in
that patent, does not work just as I have stated ?
nn rw 1 ' 1 Ci"‘ I S<J» hi that particular drawing
enam, r";S,,m‘1? !t, f°r *>”« purpose-rorinnking
ho lms1,1 " "°lk 1 a°n’fc know whether
wldel.T;J ■ ISf f° slmvly i" to do the tiling
which is intended to be done 1
that ilm! .t,,,e*^inn loi’ me is whether he has made
to re -e S • 1OTr " sIow lnotio'' <>f the magnet
to prerent a spoiling of the signal.
1151
Q. Do you not understand this drawing here?
A. Where is the specilicatiou of the sounder T?
Q. You understand it!
A. I would like to read the paragraph in this
printed case before answering ; I understand very
well what it will do, and why.
• Q. Therefore we do not care about the patent. Gil
Suppose, now, there never was a patent for this
purpose i
A. There are several reasons why this may work
well, because the batteries may have a low resist¬
ance, and that makes the magnet slow, and besides
you- can have a magnet with a long core, and
you can have a retractile spring, not very tight.
The Court. — Is it not because it is slow that it
remedies the evil !
A. It remedies part of the evil, yes, sir ; some¬
thing in that arrangement will remedy part of the
Q. What part or the evil it remedies, it remedies
because it is slow to respond to the closing of the
circuit ! A. Yes, sir.
Q. Now, sir, is there any time so short that when
two poles of a battery lire brought together, and
thu circuit passes through chemical paper, that it
will not make a signal !
A. Yes, sir, bat tliat will not prevent a false sig¬
nal being remedied.
Q. I am not askingyou that ; whenever you close
the poles of the battery in the circuit of which
there is chemically prepared paper after the man¬
ner of the Bain’s machine, there will be a mark put
upon that paper ? 0 1'3
A. The mark might not be so strong.
Q. There will be a mark !
A. There may be a mark.
Q. Won’t there be a mark 1
The witness asked that the poles of the
battery be changed in the drawing.
Q. No mutler about thu ilnuving. I am asking
you this qiioKlinu ; liming a strip of chemical
paper set up mi a Bain machine, and having a bat¬
tery here on this table with a circuit going around
through the poles, and having a break circuit in
that line so that you can make a broken circuit ; is
the time of contact so small that the signal will not .
lil-l be marked on that chemical paper ?
A. The chemical paper is being fully alfected in
the drawing ; a blue mark is being made ; the posi¬
tion is Hie reverse. You should ask me is there
any time during which the paper will not be all'ect-
ed liyllie battery.
Q. I will ask my questions in my own way, and
when i want your advice I will ask it. By way of
meeting that criticism, I will go back a little. If
the chemical paper is going to be put in here in the
relay, it will lie nlleclcd here when the circuit is
Q. The rest of the apparatus remains as it, is?
A. If you correct that drawing the paper will
not he affected ; the drawing is not correct.
Q. No, sir ; you put in your wheel in place of T,
we will wipe T out of it, and put in your wheel ?
A. When thu circuit is closed at. tile top there h
. I,c °tt the chemical paper, and no signal it
the sounder.
Q. But whenever that, is dosed, it produces at
client upon the signal, does it not?
A- W|Mm tho im,mfllr<! i» set right, and tin
610 upper circuit is open, then does it not effect it,
Q. And it does it because it is a sullicient lengll
of lane in conluct to do it?
A. Tho battery which is down-tho working but
tery, will work the sounder or the chemical papers
i explains itself; tho battery which, to on the to)
them when the circuit is closed by tho hack contact
sends a current in tho reverse direction in the
sounder or in tho chemical paper mid it will not
work ; now, when the relay’ S— the common relay’,
strikes thu armature, it opens the circuit which is
on tho upper local circuit, and then the buttery’
which is below is free to uct upon tlio souhder, or
on the chemical paper.
Q. We will take 00 from the printed book, and G17
separate it from the rest ?
[Counsel made a sketch of figure 2
ef tho drawing of case 00 on the black-
Q. This thing would do the actual work ?
A. Yes, sir.
Q. In that case, if you put your chemical paper
in the place of the sounder in that apparatus, and
tile relay’ falls back, will not the chemical paper bo
marked ?
A. Less than it would be in the other case ; per¬
haps not ; I don't think it would bo marked in that
case, because the sounder prevents it in a great
measure. Yon refer me ro the second lignre ?
,Q. Yes, sir.
A. There will be a short suspension of Hie signal
in the automatic paper; I would say, for instance,
it a dash is being made, the middle of the dasli
might be cut by a white interval, hut practically it
might he harmless, because those blue marks
rase into each other more or less ; it will be correct¬
ed by the chemical process perhaps as well as by
the magnetic process ; in the figure 2 it will bo less
troublesome tlmirin the first case, because we have
a first sounder to protect us, and we could put our
appliances in place of the second sounder. We could gm
hare a bulky sounder and adjust it so as to lie still
more free from the trouble in the second .case or
figure 2.
Q. In tho second case you put your wheel right
where your iirst sounder is ?
A. No ; where the second sounder is.
k Hint till! breaking i>r tin: signal
iicli injury '
not practically ; it would liu loss
in wi+h till! .sounder is used,
n yon have got these two nmehnui-
is uuiiiliiut! in llio plums indicated
, in order to ninko Hint uiiltuuulic
i in t tio pliiru of (ho keys nn nulo-
ip arrangement ;
cressary lo pul in n paper strip nr-
'i'lu !l i'<- ninny nutoinulii: ways lo
iiisliimi; (liu nii'rluiiiii'ul wheel wit ti
iirrnngrnicnl like tlx* teeth ofn rng-
;,vi* ;l key wliicli is worked l»y per-
"• I mn linvii tin* regular perforated
isi*il in wlmt limy mil llm American
mil, or I muld linvii two single eon-
or llm reversal. There is no need lo
>' produce reversal, und uiiollmr
i-cnit-prcscrving contact ; two single
i do if. just ns well, nnd limy enu Im
H "“tat wiy you know how to do il,
slim tn°n 1110 0,"'attel,,i(m t0 You llllVU
Si It! to Boston, "lid you lutvo been directed to
i t into nn automatic telegraph ; you have ndd-
| W* on'.tomnticreeeivei's; now ndd on to the
sar*'"' . . . .
1 2C& Sats1" ** h f
A. L'o nmko this nntoninlie.
A. I cun use the very paper ns it comes out from
llm perforator ninde by Edison, and I can arrange
the first system nnd have a reversal contact
key on the bridge system, und use only one bat¬
tery, nnd I may have another original contact
key to increase or decrease the current on the line,
by short circuiting or opening a resistance coil as
il is done in one of Mr. Edison’s duplex de¬
scribed in Prescott’s hook ; ouyjiniio.se ways for
instance, is to incrensc aiiiUlccrease the current on
the line by simply short circuiting a resistance
when necessary, nnd operating a short circuit ; the
reversal of the current cun bo obtained, as de¬
scribed in the Telegraph Journal^— the way of re- ’
versing the current on every line by a single con¬
tact key ; consequently I could in both processes
apply one common paper as it goes out from the
perforate!-; some other paper could be perforated
perhaps to produce those results in another way ;
T have seen it drawn and described by Edison him- (J21
self, 1. believe.
Q. At present I want to have it put right on this
machine; here is tlie double continuity reversing
key? A. Yes, sir.
Q. Here is the continuity quantity key?
A. Yes, sir.
Q. Do you propose to take them out or leave
them in ? A. T can leave them in.
Q.- 1 want you to. do the best thing you can ; we
are going to have nn automatic sender in place of a
linger key?
A. I can make the same contact with the key
or with perforated paper, us I have seen it drawn and . •
described by Edison himself ; one of the keys re-
versing the battery’s circuit and the second key in¬
creasing the current on the line by throwing in a
battery.
Q. Will you take out lliat reversing key, or not
A. I can leave it in.
Q. Now, you leave that in; will you leave this
key in ? [Indicating on the drawing.]
a. i in ii nave a cog-wheel on winch r hav
dots and dashes, and I can have a little projcctio
from each end of I lie key to nib those wheels so a
to make those keys work, ami have those wheel
tinned by machinery aiitoinnlicnllynnil make tlier
work alone.
Q. Now. just slop there. Yon say yon can hav
a kind of cog-wheel with the .signal 'made on tin
, ’ . . "■"■i-icaii ffo ov clock wi
antomaticnllr
Q. And, secondly, yon put another such win
as that on to this key here? A. Yes, sir.
Q. And Ion vii llio apparatus ns it is \
A. Yus, sir.
,,n}er lo ,1(' H'»t .von would have to get
ice constructed for each message with the tee
. 0 80 88 linve this thing.done ?
(lie wh,0’, Sil ,’t ,,U! ,'"n 1,0 Prepared and put
horde • Ah* \lhoro,m snrh 11 """K In dn Moncel
ook Jh. Morse had something like that.
. .
wliLlYeS’, S"' tlu Jr°»«el has ; there is a. k<
^ t.'”‘ -r> 11
ir>7
Q. Yon can make a wheel with a message set in¬
to it metallically?
A. Yes, sir ; on an Helix, for example.
Q. And then yon can grind that around, and that
will work that key in placo of letting a man’s lin¬
ger work it? A. Yes, sir.
Q. That would make this thing automatic ?
A. Yes, sir. 629
Q. That yon can do on the Morse telegraph the
same as yon can this.
A. A'es, sir ; making it an automatic telegraph.
Q. That is an automatic telegraph in your sense
of the word? A. Yes, sir.
Q. (Handing a key to witness.) That is the key
we are talking about? A. Yes, sir.
Q. Now, as used, the operator closes it down and
makes a signal that way i [Illustrating.]
A. Yes, sir.
Q. Yon purpose to go beyond that key and put
a revolving wheel like my linger here?
A. Yes, sir. G30
Q. Then your apparatus would be operating with
the speed of these relays and keys ?
A. It may be twice faster without changing any¬
thing.
Q. But it cannot be any faster than the charge
and discharge of these different apparatus will per¬
mit?
A. Of course it is limited by the whole appara¬
tus.
- The Court. — It can only be faster inasmuch as the
mechanical appliances may be faster than the ac¬
tion of the human finger?
A. it may be faster than the operator.
Q. It is limited to the speed of the electro-mag¬
netic- receivers in that instrument ? 631
A. Yes, sir : the same as you use that receiver
you can use another receiver. We had before ii
kind of sending which was not automatic, while wo
received automatically. AVe can send automnticnly
li. I lie picture Hint you have made to show t!
applicability of this tiling to the automatic tel
graph is this; now follow me, and see ir lam rM;
Von put in place of that sounder T, a Bain i
) ceiver i A. Yes, sir.
Q. \ oil have the elect lo-magiielie receiver as
Q. You put in in the place of the sounder N,
Bam wheel ' A. Yes, sir.
Q. And you Imvu the elect ro-magnetic armatui
receiver as it is ! A. Yes, sir.
are' 'a"'y«|VU,‘ 1,18 ltU‘VS l,f llle l"l,<!r end as the
Q. And then beyond those keys you put on
'vilh'imteHni'i-111 ”ofe|le!* or points upon it tbit
antonuho InnsmSj ' ‘‘I °"C °f
Vm, » i KI* ’ 1"» Nioin together
••13 1,1 1 ‘ l.t'm "l* oii one of those wheels.
automatic , \ ^ | , 1 1 f 1 fe lit thing ai
A- That is one of rliu ways in which it t„
made; there are other wavs r ,
the bust way. i'*VS- 1 don t say it h
Q. I ask VOU toirim ...
close youvoie1 !u"nhe’r ’’“"T
tors were used "ft vmf" “''n1’1"111 ir 1,10 t,lwm-
^’ould he useful. Yott 0uid 1®!? • U
usual any way. ,w . 0 lfc J,lsfc us fast as
*' Ar- "°7 "r
Q. As compared with the (500 words a minute
business >
A. You are not hound to send at that rate, and
you cannot always do it. '
Q. You would not then make the (500 words a
minute business out of this when you got that
done? A. I don’t think so.
Q. Now, sir, do you think that to do that would 635
he a useful combination, that is. to make a set of
automatic instruments and then add to the set of
mechanical instruments another set of automatic
senders, and pat them altogether into one thing, do
you think that would he a practically useful meth¬
od of telegraphy ?
A. Why do they prepare the chemical paper.
Q. I don’t ask you that?
. A. It may he useful ; some other thing may be
more useful.
Q. But comparatively, now, compare that with
the automatic in which there is no intermediate
machinery, and in which the signal is made direct
from the line, through thedccomposimr of the ferro
cyanide of potassium. A. I don’t consider that
way of automatic the hest process ; I have worked
in the companv automatic on local with a relay
with far better results.
Q. t tun not on the general question ?
A. It lias been done by others and by me.
Q. I tun asking you to compare these ; the thing
you did up there, adding on both ends another
system to this system ; would that be as fast a tele¬
graph, as the automatic which you are actually work¬
ing, and which is now in use ?
..A. It would be faster than the actual telegraph,
when it is working from New York, to a point (ive 037
hundred miles distant, because the double sending
sends faster than single automatic.
Q. How would it be to Philadelphia ?
A. That is a different .question to Philadelphia.
Q. IIow fast does your automatic work ?
A. It may not be useful, to Philadelphia. ; the
y bo ii
Machine with the arrangements as
n flint book, how many words on
n n iniiiiitii 0:111 a mini send to
101)
automatic in
lino, but Uwt.
Q. Oil this 11
you find tliou
each ot tho key
Chicago ;
1 A. I said Hie other day Mint thirty words is a
good average speed, but I hare not assisted in llio
lost made by llio Western Union Company, but I • ,
think they have written Unit their lest, was better'
than that : I lie speed of eneli operator was exceeding
dll words a minute ; I would say that -It) and per-
1 . . ‘ . attained over that long line to
11 repeater at Hnflaln.
Chieagi
Q. Von think 35 words would be a very large
work, to Chicago t
. Yes, sir; it would lien vc. . r
Q. Through a repeater. Could v
by adding 1
vork ?
11 1 in pro
e that
aidiine to send 11
1 A. It would do the same thing as the operate]
Tin) Coin/. — Would it. increase it ?
A. They might be able to continue the work
longer.
Q. Would that enable Unit n
words than 35 a minute ';
A. Yes, sir ; I think so.
Q. How many words do yon think could he sent
by putting the cog work 011 here, mid adding to the
tail end here, a receiver with that chemical combi¬
nation?
A. That depends very much upon that rainy S ;
} 111 ls 11 of practical experience.
yo" tl,i"'k .von could sent Itrty
words? A.Yes, sir; ! think so.
W. Jake that machine as it is without adding
rthmgs to it, can that be worked as fast as a
sender can send? A. Not always.
Q. It cannot be worked now, as fast as a sender
cn" 8ona «ny day in the wed; ?
1 01
A. That I don't know.
Q. Ho you believe it can ?
A. Well, they say tlioy have made great improve¬
ments.
Q. I didn’t ask you that; do you believe that
that apparatus shown on the blackboard, now wor
ing to Chicago, can send a message over tile lino
fast as a good operator can operate it ?
me side it may not. There are two a
para tus; one with the rainy may very well roeor
and the other witVnot record at tho same time.
The Court-. — Tno operator can operate so fast as
to inducu interference?
A. O11 one side of tho system, but on tho other
side speed cannot be incre:ised without difliculty.
Q. I ain asking you a question, not whatmay be;
you know that that appa^tus is at work from New
York to Chicago in the Western Union Company’s
service ? A. Yes, sir.
Q. Thera are two keys here in Now York, in the 042
office i A. Yes, sir.
Q. And there ara two receivers in Chicago ?
A. Yes, sir.
Q. Now, do you beloivo that either 0110 of those
operators can send a mossage over that line ns fast
as he could work the key, if the line would take it
— do you boliovu it sitting right there in that ohair?
A. It uaunot be dono in tile Morse system.
Q. No ; in that thing just as it stands now ?
A. Well, the Morse system used in connection
with double sending, and with more complication.
Q. It cannot be done, can it — that machine can¬
not take the signals as fast to Chicago, ns a good Q43
operator can send them ?
A. I can’t tell, because I don’t know; it inny ;
I am not expert enough in that matter.
Q. Have you no opinion on that matter?
A. I cannot have an opinion unless I have good
grounds to believe it.
Q. Have you not enough grounds to have an
108
102
opinion on Unit subject— you know enough about
it to have an opinion i
A. I know operators transmit at a very great
speed from New York to Buffalo.
Q. No matter about that ; 1 ask you it it is your
opinion that you cnn go down to the Western
Union Telegraph Company's ofliee, and send a
message to Chicago through the keys or that
instrument, as fast as a good operator can work i
A. Operators told me they could work as fast as
they could on that circuit, and that it will take it.
Many of them hare told me that. I am not an
’"'^operator myself ; I cannot tell.
you have no opinion on the subject. Is
that vi
send then
A. I have not a formed, positive opinion as to ■
the exact speed you can get on that circuit.
Q. Well, if it. is true that that instrument will
-ot lake llie signals as fast as a good operator can
> Chicago, is it not a disadvantage to
) •<> Put on to it, the means- of faster work¬
ing that key by a machine, and a receiver such as
you have spoken or?
„ A' .Il! b« ill> ndvantgage for regular work
the signal may be more regular, and the speed will
continue fur a longer while.
— Lh f is a matter or mathematical
time or1"’’ ■Wt 'vol'lh "1,ile lf
o spend any n
tiveiy1 <aU f t011 " T don’t know posi-
S'1’ 'n t',e Mom, line to Chicago, or to
040 Seno ,o°H Ci,,;i,,'t your wheel on, and vour re-
' u “t attJw other end, can’t you ?
A. On ti Morse lino-yes, sir.
. Q. W ouhl that facilitate tho dispatch or mes-
Q I'hln-! , J liM° \rA 0,1 «>« *»•»« one.
York with ig0t a ^6l'S0 line starting in New
"‘th 11 and ending in Chicago with a re¬
lay like this one here, and with a local circuit for
sounders : that is how it would be, if it were made 1
A. Yes, sir.
Q. Now, would it facilitate the sending of mes¬
sages over that line, to work that key with a ratch¬
et wheel, and add to this relay, your chemical 're-
A. Yes, sir ; it may facilitate it in many cases, 647
for many reasons ; it can permit you to use an op¬
erator, who cannot raid by sound, at tho trans¬
mitting end ; 3-011 can increase tho speed too, per-
Q. That lino from New York to Chicago, cannot
send a message as fast as a good operator can work
the key ?
A. No, sir ; not without repeating at Buffalo.
Q. Witli a repeater at Buffalo, and going on
to Chicago, a Morse line cannot carry a message as
fast as a good opcrater can work the key 1
A. I saw them transmitting 35 words a minute,
at Bulfalo, that is very good ; I don’t know that g^g
tlie3- can do more. '
The Cowl. — Suppose it docsNvork nt 35 words a
minute, and that would bu the limit of apparatus,
would it facilitate tho transmission, to add to it.
this wheel of which 3-011 speak, the paper receiver of
which you speak, at the other end ?
A. It would not facilitate so far ns the electric
facility is concerned, or tho sending of the cur-
’ rent.
Q. A good operator can send 50 words a minute?
A. They have done it, but they cannot sustain
that for any length of time.
Q. A lirst rate operator can send 50 words for
two or three hours? A. I don’t think so.
Q. AVull, forty words ?
A. In reducing speed that way you can increase -
tho time.
Q. Can 3'ou seud 40 words on a Morse machine to
Chicago ?
:l
A. I told you thirty words was a very good aver¬
age spued fora fall working day for an operator. .
Q. I ask you the quest ion, can you send, if you
have an operator to do it, -it) words a minute on a
Morse instrument to Chicago} A. Not all day.
*«• I. am not asking yon all day; can a good
bd0 ppnmtor sit down and send forty words by a Morse '
instrument to Chicago, repeating at Bnlfalo i
A. A cs, sir ; for it certain length of time.
Q. If the machine will do it for a certain length
of time, it will do it for all time ? A. Yes, sir.
Q. Yon say a Morse instrument, will send 40
words on a line to Chicago ?
A. Yes, sir; I think so.
Q. Did you ever see it done?
A. I liaye not seen it done, because I have not
asked an operator to transmit fortv words a
inmuto, but it would be about the limit,
Q. Unit is about as much as the machine would
Col "ike ? A. Yes, sir.
C52
105
April 25, 1877.
Q. I wish to call your attention now to another
matter. In this instrument when the increased
current, which actuates tlio neutral relay is cut off,
there is still a current all the time flowing through
the neutral relay, and that neutral relay is in a 653
closed circuit, is it not ? A. Yes, sir.
Q. As a consequence, that neutral relay loses its
magnetism much more slowly than it would, if it
were not kept in a closed circuit ? A. Yes, sir.
Q. This neutral relay will lose its magnetism
much more slowly when it is' loft in a closed circuit
than it would if it were cut out the circuit at the
moment when the current it actuates ceases to per¬
form its function?
A. Yes, sir.
Q. The time is much greater, if left in the closed
circuit, than if cut out ? A.' Yes. 1
Q. .Therefore, that timeisudded to the time of the
ordinary Morse relay, when this particular duplex 1
instrument is used, and slows down that signal
instrument in the proportion that the continuation
of the circuit delays the discharge of the magnet.
Is that so ?
A. Yes, sir ; I will grant you that— if you mean
by the Morse relay, any of those relays, for in¬
stance.
Q. Yes, the ordinary Morse system ?
A. The relay with the short core will he less
affected than this one with no core.
q. What you mean to say is, that the longer the
cores of the magnet are, and the bigger they are in
diameter, tlio slower they are to charge, and the 655
slower they are to discharge? A, .Yes, sir.
Q. And, therefore, if you make a relay with a
small core it will make the discharge, and the
charge quicker than with a long core ?
A. Yes; and this one will discharge quicker
than the other.
Q. Because of the greater amount of power in¬
volved in the core ? A. Yes.
.
. “irrrc" —
is product by n'long °co!° ^J''0 the lowness Hint
that Moree roiav iVere^lM- '** 8,'fom yo" a,1rt lo
,,,i,tfi,ct’ t,,aU]10
ttfti£Tr^i^f^or nc^'
1,111 1 «» relay (N„. n ,0 /, y'!" plei,s.e> ™H»»
A. Yes, sir. tlus WfPimzation ?
Mw-se f° "’0rk " '"
<!',‘ speed* A. Yes°'s!r °1,erntc nt il w in in rale of
S&aS&sxsar*
Q. SS?2iTl,^i"Stl,o sm"02 A- Yw.
]"ul supposed ’the perfmJn^' ’ 41,18 yostml,,)’> you
1)0 put at one end oEil **** ^nsmiticr to
Posed the sensitised lmmv riT’ ",ld you ll!l<1 sup-
<*><1 of the system th ! ,P° bu P»‘ at the other
G58 perfect and complete iushlonf0^1'0 tl,lp,L>x system
autonmtic is is added to if? ° «>*■ torn,. tic- the
. th° terinS‘‘Sd!!p]t™_» ^ is to distinguish
Q- Butin this case?
167
an improvement in duplex telegraph of which
tlio following is a specimen, &c. ?”
A. And he oxplains what ho intends by “ duplex
telegiiipli.”
Q. Now, is there any system of telegraphy what¬
ever that you know of, to which you cannot add ,
the perforated paper to one end and the chemical
receiver at tlio other end of it. If so, name that 659
system ?
A. Do you oblige mo to take all the parts there 1
Q. No. I ask if, in tlio world there is any sys¬
tem of telegraphy which you know of, to wliicli-
you could not .add tile perforated paper transmitter
to one eud.of it, by way of starting the signals, and
the chemical receiver at the other end, by way of
receiving those signals 2
A. You mean generally.
Q. At the terminal stations 2
A, Yes, there is such a system.
Q. Where is it 2
A. I don’t know that I am obliged to designate qqq
the system. .
Q. You are obliged to answer ns far ns you know.
A. I have seen such a system.
Q. Tell us what the system is 2
A. I will give yon a general sketch of the sys¬
tem. The system works exactly in conformity
with the first claim of this patent “00.” That is
to say, I transmit one message by perforated
paper at the transmitting end — one message by re¬
versal of the current, and the other messngo by in¬
crease or decrease of the same current; and the
messages are received at the distant end of the line
on chemical paper.
Q. That 1ms got chemical paper already in it 2 001-
A. Yes.
Q. I am asking not for any system which already
lias an automatic system. Leaving out of view any
automatic chemical telegraph, is there any other of
the systems of telegraphy known in the world, to
which you cannot add, if you would, the perfor-
108
sjsc^rsAss-**--
fclie Sr’:in'° ae,"n- Yo" C0,'lil do it with
« = ?££3n3T-S;
e are so many systems of telegraph v I
» .rr.";"; w >; n
wni Uo!'HMN / 'lou t tliink It would bo frue. I
^£zsasrt 3? yw* —■
tom "or tdeiZ"! roTh/'!!"11 11 pr™nt any sys-
foralcd paper atone cm .m T “0!ndd •M;,"
tlio chemical receiver -TI* frl, „ “".l
er; if tller(! is slll , at .tI,e otl,el'end ns the record-
you have in your mind fCIn system thilt
v- I do not see any. Wheatstone telegraph, for
“Ai'i/systcm ''ofM1.1"''1 I'10 ‘*"bSlio" very "ell.
system it may |)e ., **rnI,,|y* It may be a printing
j1 h"« been .lone in GwSy •' £“h,tio "lucl,ioily;
'ems of telegraphy. 0 ’ 1,10 '"‘"O' »!'»-
ten, of telegmphytp""'^® if' Is f101'0 sys-
lastruniont is not started I,, 10'V- °r wl,ich 1,10
circuit or by elosi. , i J °l,<mmS !I"'I closing a
"eS.°'»™'btokI is
m:oKii SnSl tho^
.
J'ged tolS"roML°;in?,lor l>le,,se. I feel’ ob-
into tlie whole Held of telo ’ )0?'"sn wo arc going
forever. We do .mt e,l?1,1,1,y* ease will last
t claim a system of telegraphy
109
under this clause of our contract in regard to in¬
ventions. I think the question should be, “are
there any inventions in telegraphy which are not
applicable to the automatic system ?” But wlietli-
er there is any system of telegraphy to which the
automatic can be applied is not material. If your
Honor finds that these inventions relate to auto- 6Go
matie telegraphy, we claim them. They argue it is
not the best system.
The Court.— If I understand the counsel, they
wish to show that the term “ applicable ” has an
exact significance, by showing that this invention,
such as it is, is applicable to their system of tele¬
graphy.
Mr. Wheeler.— 1 think his question should be
limited to the language of the paper. The contract
- assigns the inventions applicable to automatic tele¬
graphy. I asked the witness if these inventions
were applicable. Now ho is asked “is there any bbb
system of telegraphy to which the automatic system
cannot bo added.” I say that that is not material.
The Court. — The question is as to whether this
perforated paper on one side and the chemically
prepared paper on the other, can be attached. The
witness is under cross-examination and I tliink
great latitude should be allowed. Not being so
familiar with these matters myself, I am very much
averse to ruling out testimony.
Mr. Wheeler. — I understand that, but the point
we claim should not be obscured by the oross- ex-
animation.
Mr. Dickerson.— Iwill try* to Acidate it.
Q. Now, I will ask you tlie'question, isn’t it true
that in all telegraphs that you know of, the signnl
is transmitted from the sending end by the move-
170
" kuy’ or twmsmittcr, or instrument of some
Kind tli.it opens and closes (lie circuit?
A. No, sir; there are systems where this is not
used at all, and cannot be used.
Q. AVlmt system 2
in » nmgneto-eloettic machine
GGS nlnHT10 tnins"ut ting end and put it in rev-
GGb olu lion 5 I am not to break the circuit.
ofHi..«l™ ,tlmt 11,1 teluS«iphs thatyou know
of the signal is transmitted from the sending in bv
ntdTsnL‘Mi0f V^’01' or iuslru-
cuit l f 51,1(1 4 l,"t opens and closes the cir-
cii’cuit— -most positively °r 0,08,1,8 01 ",0
tl,o sim,.n t‘"U in i,U systems of telegraphy
o so no i "'•"1S,.,,,ttud ]>y tlle movement of a kev
some wny'oi^other ' a!‘ Yes" t,le dro",t in
nimiuidly byyo!,^ n,nko t,m* movement' either
rated papoViWdch wif ’ f°- by ,,so ot il ^
ate mechanism that will n"1!,"0^" 11,1 inturm«H-
you? ‘ u* ni«ke. tlio niovoiuenfc for
which thnt c!innot\rusedSySt0mS °f telo"n,1)1'y 1,1
l ^lopl-ne.
070 graph; you can tml.Vmlb 1We8W»h' "ml !t «■ a We-
you cun write H. ^ ^°U ^stun to conversation
voice ?
Paper, in my opinion °Bnn0t do U hy Pejorated
Q. Yon cannot do it by any machine ?
A No, sir; not to send the voice.
Mr. Dickerson. — If your Honor please, that is a
machine in which the speaker speaks to a piece of
iron. Its vibration under the impulse of the voice
generates, by its connection with some artificial
magnet, electricity, so that the human voice is turn-
od into electricity, and the impulse of the electrici¬
ty runs along the wire to the other end, sets in vi¬
bration a corresponding iron plate at that end, which
iron plate, of course, agitatos the ear by its vibra¬
tion, and the listener hears the vibration at the
other end.
The Witness. — It is a telegraph.
Q. AVlmt is the meaning of the word “ tele¬
graph 2”
A. The meaning of the word telegraph is any
]ii<,!uiing winch can transmit intelligence at a dis¬
tance.
A. I think you are mistaken. Now, I go hack to
the year 1871, because the telephone was not
thought of at that time ; in the year 1871, Hr.
Bell’s telephone did not exist ?
A. No ; but lteiss’ telephone was in existence.
Q. Leave out telephones. Do you know of any
telegraph (that is not a telephone) in which or to
which you canuot apply the perforated paper as a
means ot mechanically moving the instrument
which affects the state of electricity ?
A. Yes, sir; I know a telegraph which is not a
telephone, in which you canuot use the perfor¬
ated paper.
Q. AVhatisitl ' . , .
A. A telegraph described in Sabine s work, in
which static electricity is used to transmit signals
atn distance.
Q. How is the notion of the electricity brought tc
hear upon the paper ; tell the Court wlintyou menr
by “static electricity ?”
A. It cannot be told what it is ; no body knows
Q. Generally speaking, it is frictional electricity.
A. It is so-called ; it is electricity which remains
at the surface of the bodies, and propoirntes over
them, if they are conductors.
05-4 Q’ jMg cnso t1"-'ru 'S no galvanic battery ?
Q. Then, I coniine my question a little lower; do
iou know of any telegraph apparatus nsin«- a
ne f.m.T rt<Jr‘V’ t0 W,,ich yOU a,unot "1'1'b’ the
pufm.ited paper transmitter, for the purpose of
“toP'ccoorpnrt that distributes the elec¬
tricity ; if so, what is it?
van,. ! don’ 1 t,lillk there is any use in
} om asking that, because they do not use the ■ml-
1'inic i,!,ttery in Siemens’ telegraph and they
transmit by induced current ° 1 ’ J
Q. Induced from what ?
r- O !m'Vha '"^'‘oto-eleotrie machine.
‘ " A. Yes sir“,fiU ^ M'SL‘ 1K“,'fH,",ted 1
paper *! ln‘lcb'l,(J °n which perforated
utedmpeV'rKrit7"Uh W0‘‘ka ' llo‘l r
whether you Jmot S* i'y ^"^htoknmr,
Which ildd t0 tiny such machine,
ated paper . ' ks "’ull,lut perforated paper, perfor-
ed for , !l'SfCad °f tb® al>I>iiiiitus which is now
.M f ^ o tl o ] o s tl t 1 1 I mo the dis-
ic bat5X,m,V° tl,U"1,1,i,mtus With(m ug'dvan-
Crc ,le|’u|lf‘"»ih[„eiilA’8 Yes'1'"8
ATr n-rt St,lti0electricitj'? A- No, sir.
within the lnst0/ifteenf v*0 C°i,Ut ,,k‘uso> Mere k»s,
gentleman named Wilde' in’ kI"'0? dIscovemd by a
“1™“‘ -»h„,,“Xt„7£aSM
helices ; Mr. Saxton, in this country, was perhaps
the first inventor of it, and you have, no doubt,
seen it in medical use, turned with a crank; there
is no battery, but by tliu muscular power spent on
the crank a current of electricity is generated, and
that can be used as well ns a battery, whenever you
have occasion to use it ; it is not static electricity.
The Court. — The term, “galvanic,” is applied to
electricity produced by a battery.
Mr Dickerson. — The word “galvanism is taken
from the name ol the inventor, who made the Inst
galvanic battery, and lienee, the word “galvanism
conies to signify a current generated from a pile of
different metals. , . . .
The Court. — Whereas the ordinary electrical ma¬
chine produces electricity by friction 1 _ ' ;
Mr. Dickerson. — Yes, frictional electricity flows
over the surface of the conductor, whereas galvanic
electricity is supposed to be produced through the
body of tlie conductor; the one is supposed to go f)T8
on the surface and the other through the body , but
there are many other tilings besides ; that I sup-
pose to bo a distinct characteristic feature ; Mr.
Franklin is the inventor, I b®lie'L®> of ',sin® ®!®“‘
tricity for telegraphing ; but the diiUciilty of elec¬
tricity is, that it cannot be controlled ; it dispenses ,
tlie galvanic battery controls itself as long as there
is a circuit; secondly, electricity liud no pen® to mg
power- tliatis, static electricity had no penetrating
; power ; it leaked off the surface.
The Witness. — By taking precautions you can
use it; I don’t say it is a good system.
Mr. Dickerson. — It is a thing that at that tamo
could not bo done at all, and when Franklin used 67
it he very soon ran to tlie length of tlie wire, aud it
was not until dynamic electricity came into exist¬
ence that telegraphy was possible. ■
O Now, wluit is used always m telegraphy pmc
ticaily is this galvanic electricity, or ifca ®®ngcner,
magnetic electricity generated by a mngnetio n
chine; but in all instances there must bp some in
electro magnetic nmcliino, there must be some
Jneans for nirecting the distribution of the generated
electricity 2
A. I have shown a ease in which there is a mag¬
neto-electric machine where you cannot apply the
perforated paper.
Q. What is that machine— in the
nrst place, how is the electricity generated
by the machine described in the apparatus that you
speak of, and where is that telegraph in operation 1
A. lo come back to the Bell telephone, it is not
only a teiephono, but a magneto-electric telegraph.
Q. Do not discuss the Bell telephone. We drop
that out. Let me ask you, do you mean to say
’to, ]3e tulel)ll0,lu, working between Boston
and Salem, uses the electro-magnet 2
A. Yes, sir ; as described in Mr. Prescott’s book.
Q. I think you are mistaken. Now, leaving the
eepbone out of the case, you slate you known
telegraph that used the magnetic electricity, and
i could not use the perforated paper as a
means of controlling its distribution. I want to
Know wliafc machine you refer to ?
A. Suppose I take the Gramme machine ; it is
a continuous circuit machine,
flow J'eleS; ^'J'lg-Sonerates a constant
graph*?™ C°U,a y°U p,,t ifc 0,1 t0 !l lino of tele‘
A- By turning a crank the current Hows.
rrm.il, in 'lnt t0Jtno"’ thu Metric or magnetic telc-
gmpli m operation, which is operated without any
sendine'in0 f°1na,st,;ib,'ti"S the electricity at the
I 1 " *1(ne 18 that telegraph in operation,
and where do you find a description of it ?
don’t ,r0 S'ly th,lt thmo is one in operation ; I
don t know of anyone in operation.
Do you know of any telesranli described in
any published book, and if so ‘S “Ik
and what is its name, in which the current of elec¬
tricity is not etfected by the movement of some con¬
trivance under the control of the operator which
distributes in some way the electric current that is
to be used ?
A. Just in the same manner I have shown you
that unexpectedly tomyself I found, by thinking of
the Bell telephone, which is positively a telegraph.
Though I have not. actually present in my mind,
some telegraph using a galvanic battery, which
cannot transmit by perforated paper, it may be
that being more at leisure I could find such a
system ; I cannot say actually, that I have any in
my mind.
Q. Not having any in your mind at present, we
will not follow that further, and I ask this ques¬
tion ; in any system whatever in which there is a
moving key' or similar apparatus for distributing
the current of electricity, whatever may be its
name, can’t, you move that Key just as you propose
to move this on,-, by applying to it a perforated GSJ:
paper transmitted ? A. Yes, sir.
Q. And going on to the other end of it, can t
you take the signal which goes over the line on
which appears at the other end of the line, and
use it ns the means of recording upon the sensi¬
tized paper as you propose to use it' here, in some
analogous way ?
A. You put me the same question in regard to
receiving it, that y'ou did at the transmitting end.
Q. Yes.
A. I will bring the Bell telephone in again.
Q. We leave. that out?
A. I don’t see why you leave it out ; it is a tele-
graph. •
Q. No. matter, wo do leave that out. Leave out
all tho telephones. The question excludes all tele¬
phones ?
A. Yes, sir ; in tho printing telegraph that will
not do.
Q. You ennnot take the printer out, ns you take
the sounder out, and put in the sensitized paper ?
A. Yes; but it you leave the transmitter out
which you have in use, in tlio printing telegraph,
the signal would not mean anything at all.
Q. Can you make paper which would make in¬
telligible signals 2
A. I am not obliged to invent some.
J Q. Is not the printing telegraph worked by print -
ing paper— tlio Phelps’ system 1
A. Yes ; but it would not take it in that case.
Mr. Wheeler — Wo are now at the receiving end.
As I understand your question, that has nothing to
do with the transmitting end.
know any telegraph in which you cannot use sen¬
sitized paper at tlio receiving end to receive signals
and record them 2
A. You ask it there is a system in. which it
not be used. There are in tlio printing tele;
systems where it cannot be used.
n tlio printing telegraph
Mr. Dickerson. — If your Honor please, the print¬
ing telegraph, so called, is a system like this. At
the Washington, or one end oC the line, there is a
revolving wheel which may have letters upon it,
and at the New York end there is another revolving
wheel corresponding to that, having letters upon
it, and by means of an ingenious contrivance these
two wheels are made to revolve synchronously by
some power. Upon their synchronous movement
depend the possibility ot working the machine ;
when the letter which you wish to transmit conies
088 °ut or appeal's to you at the sending end, the key
that sends the signal is closed ; that is more or less
automatic ; the hand touches the key, but the con¬
nection between the key and the letter is automatic
m the machine, and at that instant the paper which
is to receive the letter at the other end is pressed.
The Witness.— I grant yon that can be received
on chemical paper ; but how will yon do it on the
dial telegraph 1 , , .
Q. Now, you say there is a dial telegraph that
you cannot do it oil 1
A. On some dial telegraphs you can.
Q. Bo you say you cannot do it on some dial tel- ^
egraplis? , . , ,
A. There are some dial telegraphs to which such
an attachment is impossible.
Q. Where is a dial telegraph in which you can¬
not use sensitized paper 1
A There is a dial telegraph described m tlio
Telegraphic Journal , in which the hand moves for¬
ward and backwards.
Q. The hand of what 2
A I mean the needle ; and I cannot see how you
can get out of that ; it is a telegraph described in
the Telegraphic Journal of London.
Q. When was that described 2
A Mr. Brown, of the Western Union Telegraph, fic
called my attention to it ; it must have been m
1874 or 1875. ......
Q. Something in 1874 or 1875, you tlimk ; that
would not touch our case ; I want something be¬
fore 1871 ? , , , . , .
A. In the regular Breguet telegraph, which is
used on railroads in Prance, the signals would be
constantly confused on account of a little de¬
vice which is used in them to bring them back to
the starting point ; it would be very confusing
Q. You mean, do yon, that if you did use sensi¬
tized paper in that machine which you have m
your mind. used on railroads in Prance 2
A. It is described in almost all the books on (1
teQS Ymfmeautosny, that ^addition to the sig¬
nals that would be properly given, tt'e adj istmen^
of the machine back to zero would also show on
...... , » tb. w
winch was going on, and would be very confusing ,
fe- • —
■■■■■
sometimes by counting with nmcii trouble the nuin-
hor o f dots marked on Hio paper, you could read
Q. It would not bo so convenient as l>v some
other way ?
A: No j I will tell you another telegraph,
w- ^°u could read some signals 1 A. Yes.
Q. But not all? A. Not all.
tl.u D°n 5’0U ' ,n.°.iin t0 SI,y that in that
thing the sensitized paper would mnko
signals you could not see ?
A. It is not that ; the signal would stop half way
rt!„ 1U iV°r "f"'’ imd lhl!e,"l>loyee at the trans-
' . OI' ,etwo employees at both would '■
Itht ™,in °Ub ° ° C°me t0 an "'“^eistanding to
"'hen they did understand it they would
not? 1 ll!,ppened every time, would they
m ot"”r
»i2«i m,“oT llm‘ J'°“ “,,,u "ot i”1 »•
thtianlTi* 0,,'e~fcho,Sio,"°n,8 telegraph, in which
mil 1 w ,d V COIne by ^S'llar succession of sig-
•tai,-1'01' rdl° Juml,s “coral letters to
stai t again m irregular succession.
A Yef In.® f" electro lmio'iet at its end ?
O Tt li’i ’ 16 Uls more tlmn one, I think,
ceiv'ing end ?'Ty™ ‘-^^ro-magnets at its re-
la?'mnLdTHe0tl'0'm“S,,ets> liko tlio Morse ro-
A. Yes, sir ‘B °UBBn‘i wl,on U eomes?
if it was the Morse telegmpl,! ° “ y°" C°"la
~ *«
Q- You think that every time the same condi¬
tions occur at the sending end you will have a sim¬
ilar result at the receiving end ?
A. No, sir ; that depends on where the needle
was when you sent it ; the needles work at both
ends, and it depends on whore they are at the
Q. If the two needles are not where they ought
to be, the signals are false ? ®
A. Yes, if not in accord.
Q. And that is true whether yon use sensitized
paper or use the dial itself ? A. Yes.
Q. Therefore, the false signals wonld equally. fol¬
low on the machine as it is, or if you had sensi¬
tized paper?'
A. I cannot say that it would be false or true;
with the paper there would be no signal.
Q. In either case you would fail to get intelli¬
gence over the line?
A. Yes ; and I am of opinion that there are many
dial telegraphs on which it could not be made intel¬
ligible. . G
Q. But when the machine is in accord, then the
signals would be intelligible ?
A. No ; I say there is a system of telegraphy
where chemical paper could not be used to give the
signal intelligibly.
Q. Can you refer ns to the machine so that we
can have it examined ?
A; It is described in Mr. du Moncel’s book.
Q. Which volume ?
A. It must be volume 3 ; where he describes the
different telegraphs.
Q. And you say that in volume 3 Siemens lias de¬
scribed a telegraph in which you think sensitized
paper cannot be used? c
A. I think so ; I have not investigated fully the
matter, but so far ns I can investigate it, having it
in my own mind, I do not see how you could ; and
there is such a legion of telegmpl is there, and
some of them are so complicated that I would be at
a loss sometimes to see how you could got the sig¬
nal by using the sensitized paper.
Q. Is there any other that you think of in which
chemical paper could not be used?
A. If I laid the book in my hand I could prob-
ably embarrass you; I don’t mean exactly that;
I mean that I could find many telegraphs which
would embarrass you in the reading.
Q. The question is whether there is any one on
which you could use the sensitized paper— I mean
giving intelligible signals 1
A. I think not intelligible in some cases ; I will
examine the book, and after recess I can answer
your question more intelligently.
Q. We will pass that for the present. How, you
have already told us what is new in this tiling
“ 90” ? b
A. Was the question of novelty at any time
brought up?
099 Q- You testified abont it. We will not go back
i to that. In 1874, and a long time before that, it
was well known in the electrical art that you de¬
creased and diminished the current of electricity ,
over a wire- either by adding in and taking out a
battery, or by adding in and taking out a rheostat ?
Q. And the effect on the line is the same whether
you add in a battery or cut out a rheostat ?
A. Hot always.
Q. I do not speak of always, but generally ?
A. Not generally.
Q. The question I ask is, whether it was] not a
*nn T 'T'1 s,,lbstit,Ue one for the other, to use a
1 00 rheastajSft or battery ? A. Yes, sir.
Q. And in which every one yon used yon would,
by its use, increase and diminish the current of
electricity over the line? A. Not in all cases.
A Is there any possible case that you know of
m which by taking out a rheostat you would not
increase the current over the line?
A. Yes; for instance, suppose I had a line and
3 701
at both ends of the line two batteries opposed to
each other, and I have a rheostat ; if I have the
rheostat there , whether I cut out this rlieosta^t or
not it will not produce a current on the line. IE I
add a battery or take it out it will produce a differ¬
ence of electricity.
q. Your statement is, that if you have got t,.„
batteries, one at each end of the line, working
lo t each other, it makes no difference whether
you have more or less wire between them ?
Q.’ The case I put is this. We want to send a
current over the line from one end. We have got
two batteries in the circuit at this end, which we
may either throw in together or throw in singly,
leaving one out ? A. Yes.
Q. In case we throw two in we get the sum ol
the intensity of the two ?
A. Yes, if not in opposition.
Q. Now, if we use the same amount of battery
and put in between it and the earth, or between it
and the line, a rheostat, whose resistance is equal
to the value of one of these batteries, and leave it
in line, then the line will work with the value of
the other battery ?
A. No, sir, not as you have said; you said that
you would take the rheostat of the same value ns
the battery’s resistance.
Q. No; I said the value of the powers of one of
the batteries? '
A. You could put the rheosta^t in, and adjust it
until you got the same effect ns if you had that
blQte Therefore, in this line, if you use the rheostat 7og
in place of the battery, you will work the thing as
shown there— the same? A. Yes.
Q. Yon will work the telegraph the same whether
you add the rheostat or two batteries ?
A Yes, sir ; this is even patented— that increas¬
ing ; Mr. Wilson, of Buffalo, in duplex system, has
patented it.
182
Q. The tiling itself — was it ever patented-to in-
crease and diminish a current over a line bv adding
or taking out a rheostat i A. Yes, sir.
Q. By whom '! A. I don’t know his claim.
Unit is very old, by itself ? A. Yes, sir.
y. Was it not also in 1874 well known that voa
704 Z'tT”" °Vm‘ 11 Unb '>>’ o‘itl>er turning
• irnUb ‘m C"1 J md' ,lMt onu 0,ul U> «>« ground
an t mother to line, or to have two batteries set
lfc 1 ““'r opposite ends to the line and cutting in
one end and out the other ? A. Yes, sir.
Q. that was well known ? A. Yes, sir.
ti, i r? °re’ 0U t,mt "‘ilcl,i,,e U is same
a w ! tl,er you would reverse the one batterv,
o lane two, and cut one in and the other out
alternately? A. Yes, sir.
Q. Tha t was true before 1874 ? A. Yes, sir.
- y°U 1 thi,*k> thllt the novel tv of the
thing, so far as you know, (and that it was new so
Jar as you know,) as claimed, was in the first cliini
705 mSWr, ^'T°'v’ t,,rn to the patent *pag"
Wtii thenninl ^ ° !>0lton*- “A “o.nbimUion,
"itli the main line “f the receive- instru
ment, operated by changes in the polaritv 1
ceSin^8Penafnt °f 16,1310,1 w‘th al*other re-
indeneDnde. t'oT i°P-mt6d '>y clm"«<JS of tension,
noInKr fi C P ,U'lty’ meil"3 ot “banging the
polauty of the current, and means of changing tlio
tension of the current, substantially as and for the
WWW.;; And
Sril
700
negative currents over tlie line re »ir * p, 0 a,,rt
mmst fss
Ois not tlint describe exactly tho
io thing as you have said i
s characteristic of
Mr. Wheeler. — Wo object to that ; there is an¬
other suit pending between the parties ; a bill has
been filed by tho Western Union Telegraph Co.,
against this plaintiff, and one of tho objects of that
suit is to obtain a decree, that that patent from 707
which counsel lias been reading, is in equity, the
property of tlie Western Union Telegraph Co. ;
tlie legal title ns we suppose, is in us. There
is a question on which evidence has been taken,
in tlie other suit, in the form of affidavits, whether
that very claim, that lias now been read to the wit¬
ness, is identical in substance with case 99, which
is in question in this suit ; they claim in the other
suit that although it is true that this patent was
issued to Harrington & Edison by the Commissioner
of patents, yet it was obtained from the patent of-
iico by fraud ; that really it is the same as case 99,
and should belong to the same person to whom
case 99 belongs; That subject in itself is <os
enough to make a suit upon ; there is a great deal
of testimony to . bo laid, both for and against ;
there are proofs in this book comprising 100 print¬
ed pages. Now, that is not in controversy
in this suit.
This suit involves tho question of ownership of cer¬
tain specified applications for a patent ; certain in¬
choate rights to patents. These are described and
put in evidence, and so far as they are capable of
being explained by this witness they have been ox-
plained. All the Court can do is to determine
whether tlieso specific things belong to us or to
them. To go into evidence whether something i-go
else is the same ns one of these is to go practically -
into the other suit. That certainly we ought notto
do. We have spent three days in the examination
and cross-examination of .a single witness. If we
go into that field, it will bo perfectly impossible to
lluish this case during tho term. Certainly the ex-
...” h t,on *“»W take at least a
' uxk in the examination nndeross-oxninimitionex"
fore vom- Honor ^ e.<*,.,ust,on "bich wo linve lie-
suing Mi- Prescott in t l,S: T,IL>S,! «';"f|e»'<o> are
m b that they « 00- »"? «•«*■ theory
hie to a.itomiii, . : U beL"",su i( is npplica-
aiul desimble in ?!7’ 0!' I,uc:"lsu it is iiscfnl
patent for casi- H , '’llu 11 luIoS,‘lPhy. Mmv, the
patent for that very thiL’Tt ;“X,Sf'ins outs<amling '
controversy about i, 7s', vely colfil»> that a
to that ! e fit|o »>• about the right :
i. »,» 23? “ ; <• ;“»*•* io ™ it.
Propoi't'i by relwon o??’ ^“‘/'^^as^I.eir
712 some one else? o fact that it belongs to
very thingf ^IIoreTs fa ^ '*? r P?t thofr tiHo to this
to A. B., of apfeoEi faS»l «tle tmnsmitted
that he possibly, if anrt. D- is setting iqi
title. He is «! ; ■ ' '°' ?* mlsht S»‘ * Colombia
deed for it is ahia(W® i ° nthe ?utent Office. The
t”“ ~ta 2l£
they propose to have n law-suit with us to restrain
us from having anything to do with them, on the
the ground that wu are taking their property. It
never can bu their property, because it has passed
by another deed that covers it.
Mr. Russell. — It is not claimed in this suit at
all. 713
Mr. Dickerson. — No matter ; suppose the title
stands in X Y ; there is a title to this property ; it
neither is in us, uorcan it by any possibility be in
us, because it is already patented in another pat¬
ent. Wu think we own that, patent; we have no
doubt about, our owning it, and we propose to get
it in the proper way ; but, at present, the title has
been got out from under this thing, and issued to
him in the Patent Office, while the controversy was
going on about this paper.
Mr. Wheeler. — It is not sot up as a defense in
the answer that we ought not to have an injunction yj^
as to case 99 because wu already own the legal title
to that invention, or that some one else does. There
is not. an allegation of that sort. ■
The Court. — How is that ?
Mr. Dickerson.— That may be an answer. I
will not press the question iii that view. That is
undoubtedly a sufficient, answer.
Q. Now, in these telegraphs round town— the
printing telegraph, and so on— they have a single
wire, that 1ms inside of it live or six conductors 1
A. Not at all ; some have only one wire.
Q. A single wire with separate wires in it? A.
There are, in the city. 715
Q. Wires hung along the poles, which will con¬
duct live or six different currents with them? A.
Yes. Do you connect, it with the printing tele¬
graph ?
Q. I don’t connect it with anything ?
A. Thorn are severe! wires in one cable.
Q. In such a wire ns that having tour wires in it,
at one end you could put four Morse keys, and at
187
tile other onil Coer Morse receivers, anil semi four
tl i >m;h Mint wire at mine, ran you nor )
A. Yes.
Q. Or you (tan send tivo messages one way, and
two tlio other, through that wire i
A. That is not a wire, it is a cable.
Q. I limtigh that you* could send two messages
one way, and two an other !
A. Yes, in that cable, on different wires.
Q. Call it a cable ; it i s a single wire supported by
a set of insulators, as you call it '
A. A cable combining four wires.
Q.. Through that cable you can send two messa¬
ges one way, and two the other ? A. Yes.
Q. Then yon could send four messages one way
in that, and four the other?
A. Yes, if you had enough of wires.
Q. These messages would not go anv faster by
reason of that circumstance than if they were four
si p n iti conductors put at four different positions
on the pole ?
A. It. would be the same thing in the city, I sup¬
pose, provided the line is not too' long ; von have
not induction in view. *
Q.. And if some one should now invent a wire
that, would, m place of running live or six miles,
and do it-go all the way to Chicago, and do it-
tlirougli n'siugle cable tTchicagol f°,,r
A. Tlmt depends upon the length ; it would not
do, as far as Chicago. •
Ir.:s",1,u should invent a wire or cable Mint
had m it four separate conductors, nil tlie way to
Chicago, through which you couiil send four nies-
sagis, 01 two each way, would you consider Mint
an impioveinent in m iiutonuitie tulegrapliy ?
f,.i !'olibean improvement in nulomulie
Q. You could use four sots of autoinnlie tele¬
graphs as well as you could use four sets of Morse
ones, if you had sueli a tiling as that 1 A. Yes.
Q. Look at the condenser shown in patent
No. 112. That by itself, separating it from the
other apparatus shown in that drawing, is applica¬
ble to be put upon any line wire, for tlie purpose ^
of relieving static discharge?
A. No, sir ; it is not there to relieve tlie line of
statin discharge ; it is to correct, on tlie instrument
tlie raise signal, which is produced by I lie discharge
from tlie line.
Q. It is, in this combination, to correct tlie effect
that would be produced upon tlie electric magnets
by the discharge from the line ? A. Yes, sir.
Q. There is no electro-magnet used in automatic
telegraphy? A. YTes, sir.
Q. Iu what? A, In the shunt circuit.
Q. There is no electro-magnet to be protected
against statin discharge by line automatic tele- 720
gmpliy ?
A. No, sir, so long as they are not, hotli duplex.
Q. There is no electro-magnet to he protected?
A. There must be some protection in case you
have duplex automatic.
Q. To go back, the magnets Mint are protected
here by this condenser are the receiving electro¬
magnets actuated by tlie current over tlie line, and
which record the signals by sound or motion?
A. There may be just the same electro-magnet,
in automatic telegraph, to be protected.
Q. I11 a case .like 90 in . the picture, by putting
them in along with automatic ? 7 J
A. There may be, ns in case 04, which can lie
used for iiutonuitie; that is, a duplex telegraph.
There is represented in case 04 a polarized relay,
which works by the induction of an electromagnet,
n receiving electro-magnet, in connection with tlie
duplex attachment. , ' ..
Q. You could add tlie element of the automatic
to tlmt, you think?
Q. Are there not electro-magnets wliioli are em¬
ployed in the receiving apparatus of automatic me¬
chanical printing telegraphs 1 A. Yes, sir.
Q. And does not the same element of delay ap- h
ply to those which you showed this morning to he 1
applicable to the operation of the electro-magnet in
this drawing ? A. Yes, sir.
Q. Are there any mechanical printers of that de¬
scription which are in extensive use? A. Yes, sir.
Q. Are there not many inventions in telegraphy
and improvements in telegraphic apparatus which
cannot at all be applied to automatic telegraphy?
A. Yes, sir.
Q. Does not the . time which is necessarily re¬
quired for moving by hand the Morse key, involve
more delay than that required for the reception of
the signal by the Morse relay ; in other words, is >
not the reception of the message on the Morse sys¬
tem more rapid than its transmission ?
A. The' relay can. receive in many casus faster
than the operator can transmit.
Q. is there any variety of Morse relay which can
receive and register signals more rapidly than that
shown' you by Air. Dickerson? A. Yes, sir.
Q. Is that one of these here ? A. Yes, sir.
Q. Explain to the Court why this will receive
V . " "smur. IIS resistance nm lie Hindu Iv:
linn m the other ; this is not a T iiixliiineiita I mi
ion, heninse it could he done in II . . lOn.
Q. Is there liny reason why the m-muture of III
illiec could not lie lighter. mid why the core roiili
lot he vnned, both in respect to its length and (li
onsfrurM V** "° misoll‘ is !l diminution o
Q. In wind time can live hundred words lie pel
orated by tile instrument employed to perforati
lie paper m lids American antomalie system vo,
mve descrilied !
A They can he perforated according to the per
.mtor employed, from one, two or three at the lie
iiiiimg, up lo sixty, with a good perforator and a
killful operator to handle it.
Q. What is the average into at which, in practice,
olds are perforated ?
A. To fully the same speed as the Morse opera-
Q. How many is that?
A I said 30 words a minute.
Q. The average is about 30 words a minute ?
mt o/ ' " ,' S0; !fc is e!,sy if telegrams are nr-
• go above tlm fc. You can easily go to forty.
Sis a m'o'TT Pn,Ct’C0> y°" flon’tBBt >>eyoml 40
oids a minute for perforation ?
A. I don’t think they would sustain it tor a long
iule except with a very good operator. *
A. Yes, sirf °" ^ l>eyoml 00 » minute ?
Q. You would? A. Yes, sir.
Q. How far, what do you think is the best that
mild lie done by any instrument rune tins yer. neon
iventod, in the Imnds of a skilful perforator?
A. Sixty, I said.
Q. Wlmt are the
iibstantial features of the invention, which are de-
isribed in the claim of case 1)9 ?
A. The substantial feature is to transmit one
uesssige over one wire by reversal of currents, and
t the same time to transmit another message on
he Slime wire by increasing and decreasing the
ill-rent.
Q. That is the intensity of the current?
A. Yes, sir.
Q. Does the tiling employed iii the third danse
.f the application, or case 99, convey to your
uind ns an electrician, an intelligent descrip-
ion, taken in connection with the rest of the
intent, se as to enable you from that to operate a
piiidruplex ? A. Yes, sir.
Q. Could the speeilic devices which are shown
n tile drawing annexed to case 99 he varied
ivithout departing from the principle of the inven¬
tion,- which is described in that first claim ?
A. They could be, very easily.
Q. By making such variations, could the inven¬
tion which is described in that claim be more ad¬
vantageously applied to the automatic system of
telegraphy than the specific devices which are
shown in the specification and drawing of the case
itself ? A. Yes, sir.
Q. Will you look ut the drawings which I now
show you, and state whether those drawings repre¬
sent such a substitution (referring to Exhibit,
marked P) ?
Q. State what they represent?
A. They represent , the quadruples automatic
tcleirninli. according to the first clnim of the case
n1, , . 0,,V" 11,1 “Hromiiiio quadruples
telo0mp]i lm,! advantages in practice overt he
automatic sy.stuni iilone, mul if so, wlm r- *
A. Yes, sir; I would bo enabled to earn- more
S£ " ’ "" •«noln g u
,..,2' ""lomalie recording insrrimient
sHUhlv '' " 1,0,i,y 1,1 « '0'egn.pl,, sub-
. ‘ I ? si"ne ns Mini: described in the specili-
<; tions and drawings of eases 07 and 00, would not
.rde"n'lv,!’,l|'0r -0t 'ustrumenl re-
- le iblj more signals in a minute than are dis-
.
neol Yf’ ?!' 5 yoM 00,11,1 Morse on the aut.i-
, <^tmn2i^r^jSSi°n Sys"!,n; 1 '"'■an yea
relay, and
"■““Jr/ . .“SC1—
because "K n mwml^r' f'' 'l1'™1 1,10,1
tl M '! “ -r« Itch I to
from the use oU JiZ t a v ^ "hUb "rises
wlum I use in place „r n,.. , , exPeri8“«*d.
receiver. 111,1 1 1Uo,so relay n. eheniicnl
. u '» w# a fact, therefore if von M ,
leal receiving paper von ,.,i 1 i “• 0 Miechem-
of th« devices 1 whi,;,.*' " i«. *o.ne
system to obviate- the .lim n-0-'0' 1,1 1,10 i''lol'so
scribed i, , 0 " ° ,lllllo,,lt <- which jou dt
Won of signals ? ,,,,,,lnt,°n «s the miililn-
A. Yes, sir; because there are several solutions
which can receive the current just as well in one
direction as in the other— the increased current ;
there is no necessity even to use a solution, by
using old devices known in automatic telegraphy,
such as the use of two pens.
Q. Those two pens are used in one variety of the <o
Wheatstone system ?
A. I know Mr. Edison has used those two pens
in automatic telegraphy ; they are used in onava-
rioty of the Wheatstone system.
Q. You said something on cross-examination
about the hack contact ; what do you mean by
that? ,, , ,
A. By the back contact ; I mean the contact
•which is made by the armature of the relay when
it comes to its position of rest.
Jte-cross examination by Mr. Dickerson :
Q. These two machines, the Morse relays are the ,33 _
same except ill dimensions ? ' 1
A. Yes, sir.
Q. And by using smaller dimensions, you can
make it quicker than large dimensions ?
A. Yes, sir. .
Q. But yon cannot use the smaller dimensions
on along line, because the current will not work
the relay on a long line?
A It I bike sufficient current it will.
Q. But if you have a line that the large relay
will work on, and then put the small one on, is
small one will not work, will it ?
A. Sometimes. . . r . 739
Q. Wo have a line that requires a relay of the
largo size in order to work ; when you put a smnll
one on, it will not work at nil, will it t
Q. Therefore, the question, how small you
• can make this relay, and how quickly it will . * oik
depends upon the length of the lino over which you
are going to work ? A. Yes, sir.
i/
Q. With any given battery anil with any given
line the largo relay will work much further than a
small one ? A. Yes, sir.
,„mi I[y°v ,m« " ,l?ht y°u could make it
much smaller than that, coultl you not?
A. It cannot he answered in that wav. A hie
710 thinl" w''1 'n'k 1,0t1‘ei‘ °" 11 lonS circuit." I do nut
t 7 001,1(1 get:vl,,ltl,i" ,,ouw on this
subject in many volumes. The longer tho circuit
toumrl- V S 10,ll<1 b° th° ,nagnBt- dome’s nbilifv
this ™ Sy‘ " 1deIP?"ded "l’on the fact that
used -*’h* Tt "-as 0,l|y "’Imn he
cd well S ,llil,le by Wheatstone that it work-
ni-^n^0wm,nIUeim, l° t®'1 tl,B Col,rt ,h:lt Hint small
m.i net « mild work a longer lino than this one ?
tiveiv better n r l‘,,°u 'naS“et would work posi-
S.S one 0,1 '1Ve ,11,mlre<1 miles of wire than this
Ini WhL“11 yHU bilve o°t a long line yon
™* «»'-* » «» £ «£ “ £.10"3
a. flo, you need not submit to it - von <«m ..
streng battery and not submit to it. ’ > "!’0 #
ieiice ildexpl'nSwo^h '»™»-
of time in the cost nr n, “ fc V111 tho ‘lilTerouoe
A. I don’t see wire
than the other. It costs more ,,,convo,,io,,“°
i n,’C«r,S'r’ ** "» *"« •» t
er advantage. 111 lnoonvenionce to gain anoth-
742 "’lUburnup ^ 8ta,1» y°"
A. In the local circuit you mean?
A! “to “>■ i»®w w
nnd the koy wlio^tbe birnutlHMtity- OI batterr
tact? A. Tho koy? tfc tluj points of oon-
Q. I mean the contact closing points?
A. Ho, sir ; that will not burn tho key if the cir¬
cuit is well insulated.
• Q. Then, no matter how much battery you put
on the key it is not affected ?
A. There is a limit. You can use sufficient cur¬
rent to do tho work of a BOU-mile line without in-
convenience at the key. .
Q. I ask you whether there is not a limit to the
amount of battery you' can put on a line, which
limit, among other things, is the fusion of the points
of contact where tho circuit is opened and closed ?
A. The points will not fuse with such great re¬
sistance in tho circuit; I don’t know any battery
powerful enough to do it it the circuit is well m-
S Q Then it is because it does not transmit a strong
current to the far end that it does not do so ?
A. It transmits it but the current is decreased by
the resistance of the circuit. ' ,
Q. Then you want the long core at the other end 744
to respond ?
A. Ho; not if we had a large battery.
Q. There is a limit somewhere 111 tho use ot a
large bgteiyj fliere is a limit somewhere to every-
thQS\Vell, then, when you liavo reached that limit,
nnd'put the largest battery you can on, you can
Stretch that line further by using this long core,
than bv using the short core. A. Yes, sir.
Q So that under any conditions, the battery
betas more or less, you can make it work alongei
wire with a long core.than with a shorter core.
A Yes, sir ; in certain limits.
Q How did you mean to say to this Court that
you supposed the machine shown on that pap*
' rExliibit P], it it were built were substantially t
same thing as the thing.shown on that blackboard? .
Q.’ Tlmtiswlmtl'wantto know; that is the only
question of any importance here; do you say it
now 2 A. The principle.
Q. No matter about the principle. We will sup¬
pose the two machines to he built like each of the
drawings here 2
740 A' ^l0 drawing which is made there is made on
the same method as this drawing is made.
Q. In that respect they come out of thesame brain;
to lUte miy identity between them; the Pa¬
tent Olhce does not recognize that?
A. Ih oy are made in the same method, I said.
Q- I he question I am now coming to is, are these
two machmes, as shown there, no matter what the
s.n, iS- 1U y°"1' sttbslantiallv the
same machines, or subslantially ditrerent machines ?
A. Ao ; I don t say so ; I can’t answer that.
hh r ou cannot understand it 2 A. No, sir.
Q, r ot, cannot answer that question 2
A I don’t say whether they are or are not; I
■ ay cannot answer the question in that way.
Q. Do you know whether they are or are not
substantially the same '{
A. In part, or in all, or in principle?
<i*.’ As a machine?
That is will ct°i 5?U "1L"" “substantially?”
rtiat is what I don’t understand. -
0pmJobvM,I,y “8Ub8hu,til,lly” two aiimp that
JR ™£,“~ “a * >"» r«»-
Eittp'ilf,'", *>,»™ I" 0'« drairing in
itrJTW
nil a mean the reversal oC the current, but I (to not
all means the instruments alone ; that is what I
Q. Then the only identity between the two things
s that they both work by the reversal of current
nd by increase and diminution of current?
A! Not only work that way but they have that
n common— that one of the signals is sent by re-
■ersal, and the other is sent by increasing and de-
irensing.
Q. Now, is that abstract principle, that you say
s common to both, worked out in the two machines
>y means which themselves are substantially like
;acli other ?
A. I did not say the means wore or were not sub¬
stantially the same.
Q. Are they or are they not 2
A. The means 2 if you include in that the instru¬
ments, they are not substantially the same.
Q. Then, this machine is an attempt (it may be
successful) to use the principle of reversal and
quantity currents in applying them to automatic
telegraphy? • , _ T
A. Yes, sir; it is a trial (successful so far as 1
believe) to carry out the method stated in the first
claim, and to apply it to automatic and chemical
telegraphy ; I mean the method of reversing the
current and of increasing and decreasing its mten-
S' Q. Not having the words, “substantially ns
described ” written in the llrst claim ?
A. No, sir ; that is very essential ; if the words
“substantially as described” were there, tins
would not go with it. _ ,
Q. If the words “substantially ns described
were writon in the claim of the application, Edison s
automatic would not come under it? A. No, sii.
Q. Has this ever been made, so far as you know,
and actually put in operation ?
A. I don’t know if it has, sir; I road n desciip-
(Itt.iils of each feature; but the chief feature and
cccncd, and the increase and doerese of the cur-
itnt is received are perfectly feasible ; and to think
m lta,i 11 '™"W tap™-, niitunitiii,
10 fi,r i,s 1 can Judge, in advance of
A. Yes., „„ .
an invention.
Q. So far as
tried ?
A. I luiv
>u know it never lias been actually
inveiiHoi7worlciiu“etl,ir;.; 1 ’T?" 1,!n ^ of '•'«
two p„„s aK~. T''8’'1 nml "00,vi"ff
lrivi* s,wn .n il t,IUM "'"'icing it well • t
working ; and 1° know ir tl,”t “»«»««» separetely
work. ’ lf ,,Ht together they would
'',3 tlil^oI^SaS »‘orl-1iilr"r,'"t. oI‘‘mon,s "f
that when tlmv , " i,,ul J'"" think,
would work X ^ t0,n limed in this way, they
Q. You si'r } ,WV0 110 doilbt of it.
son Autonintic^wwthat of the Edi-
pose of a patent X “ 4 ,1t‘su,,I>tmn for Hie pur-
«T" *— SfBtfU*
A. Tliatis my optaon.tp.tjtcoujfl be patented;
I mean all the substantial features of the combina¬
tion ; of course, it falls always under the first
claimfl. The first claim could not be repeated, if a
patent was taken for that ; I mean the first claim of
00, could not be repeated in this patent.
Q Suppose we have a description of this thing
in a patent, and suppose wo, having put tha t draw-
ing u 1 1 s lit i the paper, should write this <0J
claim that you were talking about, transmitting
two different messages over one wire in the same
direction at the same time, one operating by rever¬
sal of that battery current, the other by increas¬
ing and decreasing the current of the battery, sub¬
stantially in the manner sot out in the fore¬
going description and drawing, that would
be a good claim, would it not-n good legal claim
- A. I am not a patent lawyer, and 1 cannot tell
you ; that is not my business to toll you ; you can
patent the substantial features of that, but I don t
know if you could, in case somebody else would
have a broad claim like that ; you could not uso 7,-lG
that without liis permission— that I know ; that
would be a way to carry out his view in a manner
which before he would not have seen himself, but
you could not use it without his permission.
Q. We will rend this claim this way : suppose
this Edison Automatic to bo described—
A. (Int rrupting). I don’t know whether it is
Edison’s automatic ; his name may be on it.
Q. Suppose Exhibit V to be described in a speci¬
fication with this picture and everything referred
to properly, and this claim to be put to it : lhe
combination with a main line circuit with a receiv-
ing instrument operated by changes in the polauty
of the current, independent of tension, with an-
other receiving instrument operated by changes in
the tension, independent of polarity; means of
changing the polarity of the current, the means of
changing the tension o£ the current, substantially
!'S "1Hl *“■ \Uo purposes specified: would „ot tl,
perfectly correct description of that thing / '
*58 wowlsVlmf",?11'"8 Si"'1),y Aether n certain set of
A I \U>rCGt ,lua°riP'«oi» of that tiling ?
i»g, fiecniwe imriii.r'fV before answer-
made some dn V ° 1 1,1 ' lr nnd
meaning of the law. ' u,:,'°rding to Hie
tWipti°" »ln-„ras of
are hv0 !! ““US shown m Exhibit P? A. Then.
P«MntwoSl,gh!sh",e,,tV 1 lmve '«
759 not iit. ' ",g ll,sll,iinenfs ; as it is it would
e.vami‘n-!«t,<,be ol’J’L‘c,,!d to "io line of
Court l',.,,!011 1 0U fc*,e Siound that the
!,d i,lreniV ruled out Exhibit li.
"he Court. — I held <•
could not go into Hi,. „ , fonner case, that they
H*c inventions des.S.ed in th"’ "''l01'101' 1,10 titIe of
Plaintiir.oriMotlie, .? '"-‘Patent, was i„ the
red in the pleadim's'^iT’ Peci,usu it was not aver-
whether this is a leirkimnr pi'esent question is
introduced on the re!exa,n?naHonU,1Hti0n °f nmttw
7G° waynoi^1^'®. er,'or in supposing there
question with the
upon a, more careful evnmii, ?/ le,mwmg it again
if that were considemf „ V • ,^n of H,u Pleadings,
*> renew,,, motion aito ]V° °«Bht not
it; hut we understood thotwa^?"? r r,dod upon
question temporarily. G lac^ W1^l(lmwn the
The Court.— 1 do not know what the record is in
that regard. My understanding was that that ob¬
jection was.abandoned, although the Court had
ruled on it. At the same time even if there is a
ruling I should consider it without prejudice on re¬
view, it the counsel desired to bo heard further in
regard to it after reflection. < 1
Q. In this Exhibit P, there is in the main line
circuit a receiving instrument operated by changes
in the polarity of the current. That is letter 13,
here ? A. Yes, sir.
Q. Independent of the tension with another re¬
ceiving instrument operated by changes of tension
independent of polarity ; that is letter A ?
A. Yes, sir.
Q. Then there are means of changing the polarity
of the current here ? A. Yes, sir.
Q. And means of changing the tension of the
current? A. Yes, sir.
Q. Or operating in combination ? A. Yes, sir. -
Q. And therefore, is it not true that the words,
“ the combination with the main line circuit, and a
receiving instrument operated by changes in the
polarity of the current, independent of tension with
another receiving instrument operated by changes
of tension independent, of polarity, monns of
changing the polarity of the current, and means of
changing the tension of the current, substantially
as and for the purposes set out in that description
and drawing,” is a perfectly true and correct de¬
scription of that invention, is not that true ?
A. With the words “substantially as descri¬
bed?” .
Q. Yes; sir? , . 1
A. Of course, you could not have had that claim.
Q. I am not asking you any law question at
present?
A. It is a correct description then.
Q. And such a patent as that would bo a perfect
and truthful description of that thing. [Referring
to Exhibit P. flgure'4 ?] A. Yes, sir.
W. figure 4 shows thg whole concern ?
0 \ Z’ m' ! ^ "h°"'s ,he tlolll>k sending.
A Yes Ty !r ,R'CT1,y for ,l,h l,u,-lM'se 1
i- Sf* ' X 1 lh“ *
11 'l 1 » B In "l m”kl, ‘“'r
,, if’ ! f !° .nw““«r of increasing?
too much cur^nV Which iiT^' tmm
ure. ucing broken in some mens
Q. In exhibit F, the eiim.ni- ..ii ..1
mg between tile points of «, * t ,tllllu ,s P!lss-
p»ljer? * * f Mio pen on tho stmsitiml
great part. S'1 ’ ,md il l)art t,! o 0h the magnet— n
pa5erT'afc"X'Uk °U,Tent «»I ‘•'foot the sensitized
may affect it,’ 1». t^v/ion' ' S° ‘U "0t t0 do le- 11
there is such a distil. .• lu.stl0,1S current conies
than the* mark WmJidL,nk1 ft ,unl'k 'vl,ic1' is paler
soines ? A Yes/s? W " the g,-eater ™«™t
vhthwriteXor/hegrelr '? *** "'hile the l,e,,s
vrite all the time_kem, « f of current will
he weak current is runup, ^ ”i ,11,l,'Ic whenever
t1?;*.1'" •« iSs* " “*■
Q- That is the device i„, • , ,
eak 0Kmnte - «*»*£» «2 m!S?10a;,d
Q. Iii this macliino in patent uu tne anna-
are does not come down at all with tho
venlc current; it stays there, the neutral relay
innatiiro does not move with the weak current?
A. No, sir; but you know it keeps it practical-
y as you said to day ; tho weak current keeps it
till attracted ; it makes the signals longer.
Q. Hut the armature ot tho neutral relay always
eans against the back stop when tho weak current
inly is going 1 A. Yes, sir.
Q. Then, when tho strong current comes, it
nakes a signal by the increase o£ the electric mag-
lotism 1 A. Yes, sir.
Q. In the other case, the decomposing power of
llio current, or the electro-lytic power of a current is
brought into play to decompose faster or slower on
i sensitized paper ? A. Yes, sir.
Q. Cyanide of potassium, or whatever it may be
that you employ ? A. Yes, sir.
Q. In the one case, you use the magnetic produ¬
cing power of the current to produce the effect ; in
the other case, you use the electro-lytic power of
tho current to produce it ? A. Yes, sir.
Q. That is a fundamental distinction between tile
two methods 1 . A. Yes, sir.
Q. There is just tho same distinction between the
two methods ? A. Permit me— so far as that pat t
of the apparatus is concerned.
Q. Well, any part ? ,
A. I have not touched the question ot tho reversal
of tho current. .
Q. Well, I will accommodate you. In tne ie-
vorsal of the current you are also using the elec •
lytic power of the current to produce that mailc (
Q.’ And not its magnetic producing power 1
A. No, sir. .
Q. Tho difference between the two things, then,
is exactly the samo difference between the Moise
machine and the automatic telegraph, with respect
to the use of the electric current J
Yes’ 8l.r; 1,11'L,|e is a“ effect «'f polarity which
} on have not fully explained. Why does the elie-
nm;a pen record by connecting to the negative pole
I 1 nlll-v s«y tins for the purpose of explaim-
Q. Go on with the explanation?
A. Because some solutions, for instance, ferro-
cjnnide of potassium is decomposed by the pen,
nd eaves a bine mark only when the pen is 'con-
when Mi , * 1,10 "egiitive pole of the battery; and
„ ' , S!l,n.e1l,en 18 l)u(l i» contact will, the posi-
. ],olu> 110 blue mark is produced ; the decom-
1-^.mkes place only „„ one side with that
,Q H " 1 ot tl the
cal sola Hm, I ,0", 110 c"1Tent!1 Peculiar cliemi-
7T1 ^Xl^re0t '
A- No, sir; it is not necessary in this system to
use any other solution than ‘which is ‘used in
« —
cent if von plnf' ' *0t of.a lleouli"r character, ex-
Q Itisnecess Un'°foyani(l0 of Potassium peculiar.
■ a. not ",i “*»l«»«>Inllo».ao, nn<l no...
wldoli (lecoinpose wHh'th'80 °n° 01 the 8ol,,,;io,,s
character 1 A. I don’t know that its character is
peculiar.
Q. Of indefinite character then 1 A. I hero is a
direction in the decomposition as in the electro¬
magnetism.
Q. It is the same kind ot distinction that there
is between these two relays in the other machine ; ^
you must use a polarized relay and si neutral relay < i
in combination : you cannot put the neutral relay
in place of the polarized relay, and work the ma¬
chine? A. No, sir. .
Q. Therefore, you must have a peculiar combina¬
tion of relays to do it? A. Yes, sir.
Q. .Tust as you must have a peculiar combine
lion of deeomposible solutions with the electrolytic
current? A. Yes, sir. •
Q. And that is a very ingenious combination, is
it not? A. Yes, sir.
Q. There is no electro magnet used here to re¬
ceive or record the signals? A. No, sir; except that
there are electro magnets to correct f ils; 'fe'»uls T
Then there is an electro magnet to help reunit¬
ing — not to record, hut to help. There are severe
electromagnets there to help the recording, and
there is one here which prevents false signals.
Q. Those are electro magnets that charge anil
discharge the current through them ; they do no
work by reason of attracting any iron to ten
Q. They1 tire mere coils with a magnet in
them. If you .take an electro-magnet ehicU
lms one soft core, and pass a coil or helix around
it, and send a charge through it, that charge g
netizes the iron; then if you cut oil’ the current
the magnetism in that iron subsides, and in sun- t
siding, generates a current of electricity on lt8
account through the coil which gave it its magnet¬
ism, so it is turned about for fair play ; that is the
way it is? A. Yes, sir. 0„t
Q. And that additional current that oomi^ot
from the electro-magnet after it has been c b >
no
GnoiiOK D’lsi'HKvru,
By Mr. Dickerson;
April 20, 1877.
L ei t t0)
in^theTippl /01\Sf nV
m tlmfc to operate1!!; . I si'm lli'0"1 t0 e,mWo you r,om
«•» qunaruplex te4graph ” V’ Y« “ *“ nmko
Q Vou say that now, do to,', | LS'
A. Yes, sir. ‘
evw, hi rim" lia ten tUf Clipt‘0,‘ orany n,eans> what-
''t'Vheriui1 ii’Tt t!aso 0i)’
contained in the tliiV.Ii 01 Jn!l tion on Hie subject is
! “rs," “ ■»■»-"£. k,,TOi
word «« duplicating,” „s f '™vd 7,f y?u t,lke tI,e
duplexing it, b 8 1 uiuleistand it, wliich is
and use \he Tori "duplex'-01'1 “ duplicating,”
meet the suggestion t 1 tx’ you think it would
A. It would ninlte no difference in my mind.
Q.' Duplicating does not mean duplexing, ns you
understand the language?
A. Yes, sir ; it does ; as he himself uses the term, I
would understand just as well what he means if he
says duplicating or duplexing.
■Q. You think you understand the English lan-
gunge he uses better than Mr. Edison does ?
A. No, sir; I understand what ho means there;
ho means duplexing there in my mind ; we under¬
stand the same thing.
Q. AVhat does that convey to a person reading
it?
A. To any electrician, when ho sees case 90, it
conveys to him the idea of a quadruplex.
Q. Is there any description of any means in that
patent, either in this section 3 or any other part of
it, by which a person not having other information
could make a quadruplex ?
A. A person could not have other information 780
about double sending, without having it about du¬
plexing, in the present state of electrical science, in
my opinion. . .
Q. He must have some other information than
that contained in this patent, to enable him to no
it? A. He must have some other knowledge.
Q. Than that given in the patents to enable him
to do it? A. Yes, sir. ..
Q. Then, is not the 3d clause just the same as it
written thus : “ This invention can be duplexed or
quadruplexed ?”
A. No, sir ; it is not the same thing.
Q. Isitnot-suppose I write in place of the 3d
clause this: “This invention can be quadruplexed 781
by well known methods would not that be ex¬
actly the same sense? A. No, sir.
Q. AVhat information is contained in one tiint
not contained in the other form of expression >(
• A. There is more in the word, “quadruplex,
than in the word, “ duplicating.” . . ,
Q. That is criticism on words and not on ideas
A. Tho words convey ideas to my mind.
Q. 3S ow, I put another question, suppose in place
ol the phrn.se you have got there it was said :
Hits instrument can be made to work bv two
iSrf-.W applying well known
cnm-^ ,1 «'nt purpose "-would not that be to
"BO ? 3 . lle who,e idea that is conveyed in the
tS2 phrase in clause 3 » A. Yes, sir: 1
Q. Then, the information convoyed is tint
usmg methods that were known beroro .dn J tintii
it ? A." Yes° sip°"'d ,nnke tho quadruples out of
Yet sir‘lt 18 that iS “nveyed> is not? A.
l Yoi sir.qi", P'0X’ i,S we I10"’ «« tho term ?
the means that were *
quadruples? 1 YeTsTr ’ ® ,,Sed asa
. «n instrument 'in^vll'iclffoiTr o'at * 1 °,tler to mako
784 two at each end, it is neco« PPln,toi's cnn work,
strument in which two “ nly to h«ve first an in-
Wojit, by sot four operators to
duplex Instrument-Shat tho
”»—« «. 'Srr-T^s
900
dujilex, for instance (counsel draws a diagram)
Ex. 9. That represents what is called a differential
duplex, in a rough way ? A. Yes, sir.
Q. The principle of this autiou is, that the soft
iron core shown here by letter “a,” has got a helix
wound around it from left to right at one end, and
from right to left at the other end? A. Yes, sir.
Q. So that, if a current of electricity of equal
power be passed through these two helices, the soft
iron will not be magnetized : A. That is correct.
Q. Then by splitting the line that comes from the
battery in two parts, and taking one of them around
the right hand helix back to the earth through
a rheostat, and taking the other one around the
left hand helix and to earth at the other end of
the line, and making the rheostat equal to the
line of resistance, it will balance the current of the
electm-iiiagnet from the sending end, and the soft
iron core will not lie magnetized ? 7
A. That is correct.
Q. lint; tile core at the other end will be magne¬
tized, and the armature at that end will respond ?
A. That is correct.
Q. Now, if the sender at the other end wishes to
telegraph back, when he closes the battery at liis
end, working in the same direction through the
other battery through the line, then he causes the
current to llow through the right hand core stronger .
than that which Hows through the left linnd core?
A. Yes, sir.
Q. And then the armature at this end will re-
• spond'i A. Yes, sir. "
Q. Therefore, the sender from one end is always
sending through a helix or relay which is inert
through a relay at the other end which responds to .
him, and the sender at the remote end is sending
through a relay made like this at his end, and the
, current conies through half of the soft iron core at
tile sending end, charges it more than the opposite’ ,
end is charged, and it responds ; that is the system ?
A. Yes, sir.
210
211
Q. Cun not you qundriiplex Unit ns well ns the
other ? A. Tlmt is not correct.
Q. It cannot be done?
A. It is not correct to sny flint you cnn
(loulile u. duplex ; but in common Inlk mining tele¬
graphers, it would bo very well understood ; ves,
788 you cnn double u duplex mid molten qundruplex
Q. You cnn qundriiplex Hint ?
A. The proper term is. when you Imre a double
system, to duplex it.
Q Tlmt is n criticism on words?
A. It is on ideas and not on words.
Q. Having tin instrument like this differential
system, transmitting from opposite-ends, tliatis wlint
you cull a duplex— oik* key //m? and one key there \
A. Yes, sir.
Q. Now 1 ask you whether you cannot just
789 t!oul,1e adding in another sot of these in-
stri nnents at each end and making it hy that means
qundriiplex?
A. It is the same question ns before, to which I
wish to give the same answer.
Q. Which is tile answer ?
A. That it, would' he more proper to snv flint,
having the double system you speak of T would
duplex it.
Q. 1 have got this differential duplex on the
!’oal“- 1 5 lmidruplex that differential sys¬
tem by putting in nnotlier set, swell as these into
! 1 ~tlmt ,is 1 1 « * 1 1 fc triu nts
c ut like that— net involving roversal of current at
" el«'r impression of what y
Q. As I understand, cnn that be converted into
a qundriiplex telegraph by adding to it a construc¬
tion similar to that which is already there?
A. I don’t know of any term in any scientific
book where there is question of duplicating a du¬
plex ; T do not see that it can be done.
Jiff Mr. Jiickemm :
Q. llow would you transmit two messages in 797
each direction over lliat apparatus; could you do
it by any additional machine ? A. Yes sir.
Q. Wlmt would it lie?
A. 1 would take Hie double system which is re¬
presented ill case fll). for instance, and I would
double a part of that, system of case DO ; if I had
two keys sending, I would duplicate them symme¬
trically— duplex them by using that system; I
mean by winding the cores of the magnets, which are
in ease 00 iu two opposite directions ns in magnet
“A.”
Q. That is by putting “00” into n system like
this, you can duplex or qundriiplex it ? 1 92
A. In the way I say.
Mr. Wheeler objects. A mere repetition of the
parts does not convert it into a qundriiplex ;
tlmt is to be done by the use of different ma¬
chines adopted to the purpose, and which
have been described.
Tlie plaintiff is willing to conceed, tlmt in the
ordinary meaning of the word “ duplicat¬
ing,” the mere ordinary repetition of the parts
—tlmt cannot be done. But the witness lias
stated that he does not understand “dupli- ‘•S13
eating” in this connection, to mean the same
thing as repenting.
Mr. Dickerson : For the purpose of my question,
and for the purpose of any question tlmt I am
about to make, you can write the word “duplex”
into the patent for the word “duplicate.” I am
not criticising it, I have it from the witness that
the paragraph meant to mi electrician, that by re-
Mr. Wheeler: Then how is Miis rross-cxnminn-
ion material '!
Mr. .Dickerson ; I innsl: leave you to find that
Mr. Wheeler: Wo object that it docs not con-
uni anything that was brought out on the rc-di-
-■ct examination.
Mr. Dickerson : \
examination, wlmt y
nesses’ mind.
Mr. Wheeler : All I brought out was what il con¬
eys to his mind. That is admitted. Wo object
n cross-examination to expand wlmt is admitted.
Mr. Dickerson : At present I want to prove the
facts, and then I will toll wlmt I am going to do
Mr. Wheeler: I do not think it is competent, in
reply to what was brought out on the re-direct to
SO into a new and different subject.
The Cowl: I do not regard this a
different subject.
not the question whether yon can use the duplex ■
system shown on the blackboard, commonly called 1
tile differential, in order to quadruples or duplex ■
(which ever word you prefer) the invention in 09. I “Jtj
admit that you can in that and several other systems 1
whic.li are public and well known, and have been I
for twenty years, and there is no novelty in the |
general id‘ea‘ applying it f o many things to be done. <
1 want you In coniine your attention to that differ:
enlial system, operating one end by balancing the
magnetism of the core, and 1 aslc whether that is a
duplex system— that is a system that works from
opposite ends — or whether it is a system that works
from one end, -having two operators at one end 1
A. It is a system in which there is one operator
at each end. ' 798
Q. Opposite operators l A. Yes.
Q. Cannot you by duplicating (not using the word
“duplex,” but putting in this machine another set
or machines) by repeating these instrumentsateneh
end, cannot you turn that into a. qundruplex 1
A. By repeating these instruments simply f
Q. Yes; putting four of them instead of two of
them in the circuit ! A. Any way !
q. Any way— having two at eacli end of course ;
von must have two receivers at each end and two
senders at each end i
A. With other instruments ?
Q. Tlie same instrument and the electro-magnet fJ-f
charged by quantity. This is an electro-magnet
charged b\ intensity. Now, by adding another
electro-magnet charged by intensity —
.A. AVill you permittee to use several rheostats.
Do you mean to use another set like that !
q! Yes. r do not ask you to invent anything,
but 1 ask you about anything that is now known
ill electricity, that has an existence on paper or in
i anywhere— and coni . g-
invcnf nothing, I do not sen
iiplieatingtho some instru-
A. No ; I do not know any .such system.
Q. And, therefore, it is Hue, is it not. Hint lie loco
ii qundruplex can lie . do there must liy a system
Mint will send two messages from one end in, (lie
same time ? A. Yes, sir.
A. And that the duplex system, or dillerentinl
system, is not capable of huing made qimdniplex
unless there be added to its ends a set. or signals of
« different character from those-tlmt is nolemin-
nty signals!
A. To lie distinguished—; res. sir.
Q. One other tiling: Ts there not a well-known
system of telegraphing in operation in New York
nml lias there not keen for many years, in which a
polarized relay and a neutral relay are together in
lie same line circuit, and in which the battery that
sends the signal is reversed, and ndthingelse in the
“ents’r ''S,1<!l1 "SS,‘m,! 0f t,ro >“■>“«»« ln-
A It is true what you refer to. What t under¬
stand you to say is, that there is in the city of New
before IS74, instruments in which there is a polarized
relay, and that reversal of the current was used to
work tlie polarized relay.
Q. And nothing else in the instrument but that
for the purpose of transmitting it— no increasing
they have been increasing or decreasing the current
besides.
Q. You can also use decrease and increase Are
thev not used without ! A. Yes.
tj. They operate very well 1 A. Yes.
Q. in that case the reversed current passing
through both magnets, the polarized and the neu¬
tral, is reversed so rapidly as it passes that it does
not give time to magnetize the neutral relay, and it
therefore will not act. Ts not that the theory of it 1
A. Yes, sir; or to let go the armature.
(j. I speak of this system as at present. That g04
system I have correctly described 1 A. Yes.
’ tj. And therefore when you want to have a neu¬
tral relay acted upon you simply slow your signals
a lit tle, and then the neutral relay will act i
A. Yus, give the transmissions.
Q. So that, when we are reversing the currents
rapidly, that reversal actuating the polarized relay,
causes the type wheel to revolve by an escapement,
step bv stop 3 A. Yes.
q ;\ml then when you stop, the moment the neu¬
tral relay lias time to' become magnetized, it pulls .
down its armature and prints. A. Yes.
q. That was in use a good while before 1873, was 8Ut
it not, and well known 2
A. Yes. sir ; that was known ; there were such
instruments in the exhibition at Paris, in 1867.
Q. So, that is another way of combining the neu¬
tral relay mid polarized relay, and working them
independently of each other ?
A. Yes ; in the broad sense of tlie term they are
not working independently of each other.
210
Q. Ono does not make the other work ?
' A. You cannot make one work alone always and
make the other keep quiet.
Q. You cannot always do it 1
A. Not always. I mean you cannot, use them —
they are not used that way for double transmission.
806
By the Court. — I understand you that if the trans¬
mission through the polarized relay is sufficient to
produce the effect, the neutral relay is not putin
operation at all, so that the polarized relay may bo
made to work independently of the other ?
A. Yes, sir.
Q. And in order to work the other, all that is.
necessary is to work more slowly ? A. Yes.
By Mr. Dickerson :
807 Q- Now, one thing more, yesterday, you were
brought back to the picture in case 97. You were
asked in regard to. that, “If a chemical automatic
recording instrument were substituted for a relay
in a telegraph substantially the same as that de¬
scribed in the specilications and drawings 07
and 99, would not the chemical paper of that re¬
cording instrument record legibly more signals in a
minute than are distinguishable by the ear of the
operator in the Morse sounder.”’ To which you
answered “yes.” You meant by that, did you
not, to take out the relay, (letter h in the drawing)
and substitute therefor a chemical paper instru-
meat 1 A. Yes, sir.
Q. That takes out of that thing one of rise ele¬
ments of the combining patent in it ?
A. No, sir ; if I understand well the word “ ele¬
ment.” You do not say “instrument.”
Q. Well, call it “ instrument”— the thing called
“ h" in that patent is one element ?
A. I told you it does not take ono of the elements.
If yon put the word “instrument” in the place of
“ element” my answer will be different.
217
Q. Well, these things in there, considered by
themselves, are old, are they not 1
A. Taken separately.
Q. They were all old in 18741 A. Yes.
Q. Take that thing marked “ft,” and that is one
of the things claimed in the chum, in combination
with several other things— is it not 1
A Refer me to the clause.
(J I refer you to the claim of specification 97. Is
not the magnet “ft” one of the thing claimed in
cm bn t itl lumber of other ^
do not now say elements) in the claim of that
patentees .fc .g oneof the things; this word
“ thing” is very general and broad, in my mini.
Q. And that thing, and all the other t
well known things in 1874, and oug before nny
other combinations, were they not! A. Yes, su.
Q And the novelty of this combination claim, so
fur us vou seo it, is that it brings together in the
oi-der stated there, those old things, and pnte them
to co-operate for the purpose specified m the patent.
IS JLiSit says here, “ Substantially as set forth.”
Q That is what is called • ‘ a combination 1
A. Yes, sir; it says, “for the purposes set
forth.”
Jle-direct-emminalion by Mr. Wheeler ;
n Would it in vour judgment, clinnge the fea¬
tures of the invention described in case 07, and in
the specification and drawings annexed tocase 07, 11
“l.TS- a ah-W -—h?*
for the receiving instrument shown in the drawings
meant by the word “ substantially, ’’twotlungs
that operated by the same means, and by the sam
principle of action. Did you in. J the word
which were given after that statement, use tliewoid
218
“ substantially ” m the same way Hint lie thus ex-
plained it to you ?
A. Which way did he explain it 1
Q. He said he meant by the word “ substantial¬
ly ” two things that operated by the same means
and by the same principle of action ?
812 A. That depends on what lie means by the word
“means” again.
Q. I don’t think you understand the question ?
A. I can tell what t understand by “substan¬
tially I am able to explain what I mean bv the
word “ substantially.”
Q. You do notunderstand what I want to get at;
you asked Mr. Dickerson yesterday, “what do
you mean by “substantially?” that is, you did not
understand what he meant by that ; and he an¬
swered that lie meant by ‘‘substantially,” two
things that operated by the same means and by the
813 t"'T ln'",0il1,e °f i,ctio" : U‘»t "'as his definition.
1 ask you if in your answer after that, you used the
Mold “substantial'’ and understood it in the ques¬
tions that Mr. Dickerson framed, in that sense?
A What were the questions he made me after
that?
Q. He said for example, “not having the woids
substantially as described written in the first
claim, did you understand him there to mean by
substantially” what he had previously said ho
did?. A. I don’t think so.
Q. You do not think wliat ?
1 n ','0t T" ‘"'H Hlin«s nio exactly
814 ill - ‘r "'OI'k f‘'om 0XIU!t,y the same prin-
cipic niul m the same manner.
Q. I am not asking your definition of it, I am
2 >’°Y» y°" ""‘lerstood Mr. Dickerson’s
JtoJhntMm - of - aubManUnlly ” which was “two
“ S opera ted by the same means and by the
same principle of action 1” a. Yes.
said' f1’1 1 t0 get at is> llft°r lie had
said that to you— nf tor he had given that leli itt i
or tlie word— if you understood him to use itin that
sense that he thus defined it ? A. No, sir.
Q. Did you understand him to use it nfter that?
A. I always thought bo understood the word
“ substantially ” ns I did myself. I understood by
“ substantially ” something which, without altering
the essence of the invention, will do the same work.
That is what I understood by “ substantially.’
Q. That is wliat I understand by it; but Mr.
Dickerson said he meant by it two things operated
by the same means, and by the same principle of
action- Did you think that after he had given you
that definition of it, lie used the word in his way,
and notin your way? A. I understood him to
use it in his way, and not in my way.
Q. Then, when he used that word in lus ques¬
tions to you afterwards, you understood linn to
mean wliat he had siiid previously, did you ?
A. Yes, sir. 816
By Mr. Dickerson:
Q. It is possible, is it not, to telegraph from this
courtroom down town, without any wire or con¬
ductor of any kind— any visible conductor of any
‘ kind— by tlio use of electricity? A. No, sir.
Q. It is not possible ?
• Q. From this court-room down where?
Q. Say across the street?
A. Without the use of electricity ?
Q. Using electro magnets, but using no wires or
visible conductors ; take it by induction ? 817
A. How far?
Q. Across the street, for instance, or across this
room-using electro magnetism and “ton
A. Described as you say, it might be possible to
fl°Q.t Yrou have not found out how far you could
do it ? A. No, sir. v
Q. But you could do it that distance ? A.
Q. Is that, in your judgment, substantially the
. . it.! _ _ \rnvon telfiirrnnh ?
A. J J1B ossonco ol tile invention is clmngeil there,
and of course it is notin my opinion tin* same tiling
ns the Morse telegraph.
Q. They both use electricity i A. Yes, sir.
Y y ^ • " 1180 >
8 fi ^ a signal instrument don’t
sil ’ l)ur' 110fr *n ^,e saine manner.
W* JNot by tiie same means \
A. Ao, sir; the means are the essence of the in¬
vention ; I mean part of the means.
By the Court :
Q. Would not the change of mentis or of prin¬
ciple change the invention 1
A. In that case it would.
AY“ ,®Ifke of tho telephone; is that a tolc-
]d one winch uses a wire, in which the electro
man 2 “im?0 ->y ‘1“! "",sc,,,ar n«lion of the
v„,| ' o : ;l ly’ 111 your judgment, the same in¬
dention as the Morse telegmph ? A. Ko sir
Q. It uses an electro-magnet? A. Yes’.
tricity I^A^Tsh”" aCmS th<i "’he of 11,0 elec-
end by rea£T°rf, 'l Si?,Wl uonvuye(l to the other
rent ac, os?ti pnlsat'°"s of. the electrical mr-
0 A ?esth;rte,lt thGy •nroi|,8t- "Mice t
A I don teL,l,!,",’t 8',bst«»tinlly the same »
same?118" y01* H,,nk tlluy "'e substantially the
A. You did not make any question about that:
I don’t know exactly what you said in finishing;
did you ask me if they were substantially the
Q. Yes, I asked that question and you said
A. They are not substantially the same.
Thomas A. Edison, called by plaintiff, sworn. ^21
Examined by Mr. Russell :
Q. In this deed of assignment, dated April 4tli,
1871, made by yourself to George Harrington, there
are these words : “Ail my said inventions, includ¬
ing thorein all my ii el f 1 il or
copying printers” —
Mr. Loiorey. — A question is now being com¬
menced upon the instrument, and it is a proper
time for Mr, AVheeler and myself to carry into
eifect a proposition in regard to certified copies.
We intend to dispute the correctness of the face of 882
the paper introduced as to the word “or.”
Mr. Wheeler. — There has been no arrangement.
Mr. Wheeler.— If there is to be a contest on that
it must be made formally. We have not put in a
certified copy. We put in the original paper,
proved under competent evidence. If it is attempt¬
ed on the other side to contradict the certificate of
the Patent Office they had better do it on their own f
case.
Mr. Loiorey. — You did not read the certificate ;
you read the original. '
Mr. Loiorey. — You had it in your hand, but of
course the two did not go in.
l.ihJ •T,/'t'Av;~lllllt "'as another paper. Ex-
bit B was not objected to. The thing objected to
to f-n. ii)I0-m°f the nssi8,,""-*nt from Harrington
to Gould. That is one thing. That, is not in °
ieoln S ^ ^ B 'Ve,lt »* tout'd;
824 S ' n "oknowl«teBd under the laws
in bwm^iii ,l,ul H'o certificate annexed to it went
titicate ilmr • lel'0 m‘S "0 objeu,io». -»nd it is a cor-
tihcate that it was recorded in the Patent OtT.ce.
conv al'llT ■!/7y 0U "0t lnea" t*,at tl‘,! certified
copj of the i sti e t ent in ?
fi^r^0 5 1 ,wve r H,° ceifi-
826 Son “S,™ be",S
<°1tin.tlLS
1 1 bvQsetIoV':ll,S iT’g",ne,,t iue ‘1‘ese words : “ I here-
two-thirds nffi, m,Ty t0 him> the sai(l Harrington,
1 hiding therein al OI'fSt.of 1,11 >«? said inventions,
inventions of mechanic,.! £ y - lut wero yo"l‘
referred to ? 1 01 C0PJ’»>g printers thus
Objected to.
830 T,le Court. — We will , ,
. tlie witness as to «,i, ( ! ot tako t,,e evidence or
■VM (o fxi 088 "s to ">"•* fie intended.
* Jjft ”
hJj ««' ”'?w '»•
■V . ehLs ?°l/N0Siesi,;.01,yi,1S telegmph ,na-
Q. Anything telegraphic about them ?
A. No, sir.
— Q. Were they similar to, that is, for the same
purpose, as Scliole’s copying printer, called the
“ type writer,” used by lawyers and others to print
copies on ? A. Yes, sir.
Q. The message being received by the telegraph,
could an operator on such a type-writer copy the 827
messages so received quicker than they could be
copied by hand ?
A. It was thought so at one time.
Q. Was it supposed at that time (the date of this
agreement) that a printed copy would be preferred
to a written copy? A. It was.
The Court. — It is objectionable in that point of
view, and further objectionable as calling for the
opinion of the witness as to what was generally
supposed. £
Q. What was the object of the invention?
A. I have stated that before.
Q. What was the object of tlie invention of
these mechanical printers ; what were they to be
used for?
A. To print messages, in place of writing them.
— Q. Was that printing instrument similar to the
other printing instruments at that time 1
— A. Similar to the type writer.
Q. Similar to tlie type writer used in lawyers’
offices? A. Yes, sir.
— Q. Are there not telegraph printing machines in ^
common use in this country 1 A. Yes, sir.
— Q. The Phelps combination ? A. Yes, sir.
— Q. And the House, nnd the Gold and Stock Com¬
pany machines ? A. Yes, sir.
Q. Do you know of any successful method, or
means of preventing the signals, when sent ra¬
pidly on the chemical automatic telegmph, from
becoming blurred or 'illegible, nnd if so, by whom
those means were devised and invented ? A. I do.
Q. Wlio was the inventor 1 A. I was.
Q. Are those inventions indispensably necessary
utlio transmission by chemical automatic tel»"'mph
be slow instead of fast-say 50 words a minute
from Now York to Washington ?
can n' tibsoliltdy necessary at that speed.
8,0 Q. " lint is the average speed at which messages
aie practically sent by the system of chemical auto¬
matic telegraph from New York to Washington?
A. About 250 words a minute.
Q. Referring to your inventions described in
the specification appended to your applications
Vi Isos. 9!J to 100. are these inventions, or any of
them now applied by the Western Union Telegraph
Company to the Morse system of telegraphy, to effect
le transmission of two messages in opposite direc¬
tions, and of two messages each wav, in the same
direction, on the one wire? A. Yes, ‘sir; tliev are.
8yi A They ll|i"l,;'SS!lSes received liy sound? '
svlt.nh?!' 'r"S tlM!oriSi,ml li'notice with the Morse
S3 stein m reference to registering the message ?
system 5?!°” ^ "'W‘ on tlm Morse
sj stem and recorded on paper.
Q. How was that record made?
A. Indented, embossed
832 graphy “"a, “g il° nn nutom,ltio system of tele-
lyQcan StfTlV" b,'°ken dosed very rapid-
a t i d by sound ?
A. It depends upon the rapidity.
q, S’ Vou IT18 a ? A. It cannot.
1
A. It might be done iip to 75 or 80 words a
minute.
Q. Can your inventions of the duplex and quad-
ruplex system be applied to the Morse machine
when the circuit is broken and closed by ma¬
chinery. Cau your quadruplex system be applied
.when the linger key breaks the circuit ? A. Yes. 833
Q. I refer to the Morse register?
A. Receiving ; yes.
Q. AVlmt is meant by the question is, the emboss¬
ing register ; do you so understand it ? A. Yes.
Q. Would the capacity of wire operated by the
Morse keys and register : I mean the number of
words transmitted and received in a given time, be
increased by the application of the duplex and
quadruplex system to them, and if so, to what ex¬
tent? A. Pour-fold.
Q. Tt would be increased four-fold ?
A. Over one wire. 334
Q. Have your inventions in duplex and quadni-
plex telegraphy been applied to the Plielp’s print¬
ing telegraph ? A. I believe they have.
Q Has the principle been applied ? A. Yes.
Q. Ts that the magnetic telegraph of Phelps?
A. Yes.
Q. Can your inventions be applied to the chemi¬
cal automaMc telegraph?
A. You mean the quadruplex ?
Q. Yes? A. The principle might.
Q. Look at this publication, what is the date of
it? A. April 11, 1808.
Q. What publication is it ? 835
A. The Telegrapher.
Q. When did you invent that contrivance de¬
scribed there ? A. About 1806.
Paper put in evidence, and marked
Ex. Q, being a copy from The Telegraph
of April 11, 1808, to which the witness
refers.
Q. Did you show General Eckert, at any time
any mode of qundruplex transmission.? A. No ’
Q. Did you show liiin any mode of duplex or
double transmission one way ? A. Yes. '
Q. When was that? A. Sometime in 1878
83(i J ™ybn<\y with General Eckert at the time ?
Q. Who were they ?
A. Albert B. Chandler, A. S. Brown, and U H
Painter.
tt (-' Ge"Bral Eukelt offlcer of the AVestern
Union Telegraph Company ? A. Yes.
Q. AVas Mr. Chandler ? A. Yes.
Q. AVas Mr. Brown ? A. Yes.
Q. Did you work the double transmitter when
you showed it or explained it to Eckert, Chandler
and Brown ? A. Yes, sir ; I worked it
«. Just describe what you showed to them ?
837 A. Case 00.
A Yes S,l°"Cd tl,em 'vllat is described in case 00?
Q. Now, to go to another mntter-did you receive
any pecuniary assistance from Mr. Orton, or the
Western Union Telegraph Company prior to Julv,
' / tonmke inventions in duplex
/ l?1 5; nn.d If so’ sti,te "’hut such assistance
/ S2S3"'' . . . .
ties sn1 ;;reiVl!'V'° ,no,"V> ,mt 1 1»'<1 nil the facili-
838 <>f before May, ‘?878 ? H'eS° f,,ciIities t,mt .3™ speak
. O I'™ not' s,,re i|; «'«» about that time.
\ o woL0U 1"e.",11!il'st n,,out’ «'nt time ? A. Yes.
' A. nHleveVwm""’^ 1,1 M,ly’ 18781
EilV°" 1,ecoive facilities for these expert-
Q- To what extent?
• k^sojjtj jKap AQ>. + Hu*
tyj* ^jj S. fO^<L far! r
227
A. Only permission to conduct, experiments on
the wires.
Q. AAMiat, after your return from Europe ?
A. I think I got renewed permission.
Q. Do you consider the quadruples system of
telegraxiliy to be a fast system ? A. In what sense ?
Q. In any sense— the popular sense. Do you 839
consider it to bo a fust system ?
A. You can get the business oil faster on the
duplex wire than you can on the single Morse wire.
In that sense I consider it faster.
Q. Faster than the Morse ? A. Yes.
'Q. How much faster than the Morse ?
A. You can get the business oil faster.
Q. To use-tliu wires ? A. Yes.
Q. AArere any orders given by Mr. Orton to in¬
crease your facilities at a later period after you
came back from Europe ? A. Yes, sir.
By Mr. Wheeler:
Q. AArere any of the inventions which are de- <
scribed in the applicationMn question in this suit J
made for the Gold and Stock Company ? A. No.
Q. After you had made this invention of the
double transmitter which has been shown you here,
which I think you said was in 1800, state whether
or not you continued any further experiments in
the direction of double transmission ? A. Yes, sir.
Q. How long did you continue these experiments ?
A. Ever since the date of this invention.
Q. AAHiere were you engaged at the time of this
invention of the double transmitter?
A. In Cincinnati, Ohio.
Q. in what employment ?
.A. The AArestern Union Telegraph.
Q. And you have been engaged as an electrician
and inventor ever since then? A. Yes, sir.
Q. AVhen did you first conceive the idea that you
could send two messages in the same direction at
the same time, over the same wire, by means of two
228
229
transmitting instruments, one ot which employed
tile principle ot reversal of polarity and the other
the increase or diminution of the strength of the
current?
A. A good while ago ; I cannot say.
Q. Give us your best recollection ?
A. I cannot tell anything about it.
Q. State whether it was before or after the vein-
1871 ? *
A. I have had the idea for many years, but I
could not make it practical. ~ ‘ '
Q. I do not ask that?
A. I might have the idea in 180G.
Q. Is it your best recollection you did ; I do not
speak of a particular device for carrying it out, but
the principle of employing the one transmitting in¬
strument, using the reversal current, and the other
using the increase or the diminution in the inten-
5 si fry of tlie current?
The Court. The proper question is, when, as
near as you can state, did you first conceive the
idea of the possibility of transmission by the com¬
bination of these two modes.
Witness. Between 1805 and 1872, sometime.
Q. Can you fix it more nearly than that ?
A .. ISo sir ; I have had the idea so long, but
4 could not make it practical.
ns n?n? y°» can state , did you first con-
tl?0 L , -ld!a °£ tho Possibility of transmission by
the combination of these two modes? A. In 1809.
the 0"S aS° <lid yoU nlmilSe in your mind
bod£t tn n und combination which are em¬
bodied in tlie application for case 09 ?
M. Lower,,.-. We object t0 tbis on thegro|md of
immateriality, but without expecting to exclude it
now. It may be a part of the examination neces¬
sary to follow, but I do not regard the answer given
by the witness, standing alone, as at all material,
because this litigation relates to a question of bar-
gain.nnd sale of an invention, and I shall show to
your Honor that nothing can be made the subject <
of bargain and sale, in the nature of an invention
which has not proceeded beyond that. A mere / 1
mental arrangement is not the subject of barter and 1 1
sale ; the thing must be made by the hand ns well/ 1
as by the mind.
The Court. — That is a question which will be open.
The Court.— I will take the question subject to
objection.
Witness. — Have I got to give the date of it ?
then I am not certain.
Q. That is, you cannot speak nearer than that?
A. No, sir.
Q. Do you mean to say that you cannot be cer¬
tain whether you conceived tlie idea between these
times or not, that is, when you arranged it in
-vour mind ? ’
A. When I say I am not certain, I might go and 847
search through some diagrams at home, and find a.
diagram precisely the same as case 99, made two
years before, and have forgotton it.
Q. Look at that paper and refresh your recollec¬
tion. Now, having looked at it wliat do you say ?
A. I don’t know anything about this paper.
Q. What I ask yon is this— to rend this paper
that I show you, and see if it refreshes your reool-
lect ion as to the date. After having examined tlmt
paper, can yon state the date any nearer than you
have done ; does it refresh your memory with ref¬
erence to the date when you had first arranged in
your mind this means, process and combination ?
I A. That paper refers to the duplex telegraph
8 Kesenbed in The Telegrapher— not to the transmis-
1 sion of ciio double-sender.
The Cowl. — Tlie answer is irresponsive. The in¬
quiry is whether it refreshes his recollection as to
the date when he arranged in his mind this process,
means or combination. Does it refresh vour recol¬
lection as to that?
Q. Can yon state, after having looked at it more
nearly than before, what the date was when this
849 arrangement was conceived in your mind ?
A. No.
Mr. Dickerson. We would ask the Court
n hetliei, under these circumstances, we are en¬
titled to have the part of the paper which the wit¬
ness read appear in the case?
tionAC CoUrL~You al'°> if refreshes his recollec
Mr. Wheeler. They can have it in any event.
850 is ns folbws6-1 ft°m tllU t,fIk1nvit ",!wle biT m'- Edison
I wns'mmn 1 * * * T*8 e,ni’,0J’e(1 as 11 telegraph operator
vent tbeS 6, Sed- » ex’Pei,*nients in attempting to in- .
fonrard whilti8 te ”“?**”»* «* means to carry
inc T horn,, ,10"’ cno"'" 1,8 duplex tolegraph-
nnd for th ,CSe 0X1 Perimonts ns early as 180/T,
e.m Unio T,,U1,OSe1I USed the of I the West-
6 " Umon iu,osr«l>l> Company — thoso having
charge of the telegraph ollices over me/ knew 1
that I was engaged in experiments to develop
my idea, that two messages might bo sent over the
same wire at practically the same time, which is
what I mean by duplex telegraphing. This was
previous to my idea that telegraph signals might bo _
recorded automatically in print, I supposing that a
wire might be used in duplex form by hand oper¬
ation. In the course of these experiments, I satis¬
fied myself that a wire could be used for double
transmission— that is to say, by an arrangement of
different forces of .battery I eould send two mes¬
sages, for all practical purposes, at the same time,
over the same wire. I set myself to work in my
little shop for the purpose of developing, improv¬
ing and reducing to practical results, by machinery
these ideas, as well as prosecuting my experiments
in printing telegraphy, or recording the signals
nutimatically on paper. 852
Q. Look at the paper which I now show you,
and at the passage which I mark, and see if it re¬
freshes your recollection at all as to the date about
which I have been asking you ? (Referring to the
affidavit in the case). The passago shown the wit¬
ness is as follows: “Asdong ago as 1870, I had
arranged in my mind the process and means,
the combination, powers and machinery embodied
in the applications hereinafter mentioned, and had
pursued them so far tlmt I was conlident of ulti- 853
mate successs.” A. Yes, sir.
Q. Having refreshed your memory by reference
to this paper which I have shown you, state how
longwou liad.arranged in your mind the processes,
means and combination which are embodied in this
application which is known as case 00 ?
A. That particular combination, some tune in
1872.
• Q. You know Mr. George Harrington ?
232
233
Q. You remember an agreement which was sign¬
ed between you and Mr. Geo. B. Prescott in 187-1 i
Q. Now, so faras you know, did Mr. Harrington
any information or knowledge in regard to
°° » K cut at the time it was executed 1
A. Yes, sir.
Q. Did ho consent to your making it?
A. I didn’t ask him the question.
Q. Do you mean by that that you did not ask
his consent ? A. Yes sir.
Q. At the time you made that agreement with
Prescott, had you the previous agreement between
you and Harrington before you ? A. No, sir.
Q. I ask yon, if you gave your consent before
January 23rd, 1875, to the manufacture by other
persons than yourself of the machines which are
855 tle^C11y^ t,le “PPlit-atioii in case 09?
c u" l0," S!,y you lna,k“ s°me such machines vour-
T>ni ni l r <:°"Senl: tonny '"achines, which’ wen*
not made by you, and which embodied your inven-
tlmt LaSe J'°» consent before
Tf"* t0 t,leir used by the
r rfv" Un.,on lek‘g'“'ph Co. before that date?
:>• i es, sir ; one or two sets.
Q. No more? A. I think not.
or, tt ■ 1 m t.h<!‘1' bBinS manufactured by the West-
se"s?nA.'“ ^ C° ’ eSC6pt «
|AS^rr{£3rir* "»«*»
Cross-examination by Mr. Dickerson :
Q. Please look at the paper, patent No. 133,841,
which I now show you, and say whether that is not
one of your patents for mechanical or copying
printers ? A. Yes, sir.
The drawings on the blackboard were
marked respectively, Deft’s Ex., 1 & 2,
and tli’e patent now in question Deft’s
Q. In this machine the copying printer is arrang¬
ed so that the strip of chemically prepared paper
containing the message is drawn through in the
machine in- such a way as to make it convenient for
the ojieiutor to translate it, and print it ?
A. I was not aware that chemically prepared §58
paper was used in it.
Q. I iind this in the patent : “ Figure 3 may also
bo provided, in which a strip of paper may lie, this
strip having upon it telegraphic characters in dots
and dashes either indented in the paper or made in
colorsin chemically prepared paper, so that this may
be drawn along on said bar, as the message is print¬
ed?”
A. That is only a reading board ; it is to put the
receiving strip as received from the automatic tele¬
graph on the reading board, so as to copy from.
Q. So as to have it drawn along conveniently in
the machine for the writer to copy it? A. Yes, sir.
Q. And it was designed to bo used in connection 8aJ
with automatic tclegrapy for the purpose of facili¬
tating the translation of the messages ?
A. Yes, sir.
Q. That was its object ? Yes, sir.
Q. That same machine was also capable of being
used without lmvmg Hint. strip or paper rim throng!
it ns a typewriter? Yes, sir.
Q. So that it was either usofiiljn automatic toll
graph y when the paper strip was drawn through it
or it was useful as a mechanical _ printer or typ
writer for other kinds of uses in business ?’ A
SGO Yes, sir.
' Q. At that timejhere was a good deal of interest
and there were people inventing these typewriter?
were tliero not ? A. Yes, sir.
- Q. And you wore trying’to improve them ?
A. For that purpose— yes, sir.
~ Q. And with their capacity to' be applied outsidi
of their purposes liere ?
A. It was not my intention • tliey were not in
tended for that purpose.
Q- ^!avu ^lat capacity to be used outside ?
~Q. You were specially aiming to make them am
SGI tomatic telegraphic copying printers ?
A. Applicable to automatic.
Q. -Applicable to automatic toiugmphy; that
i 1 111 I A. Yes, sir.
Q. Ill I SOS, whenlthere was published this inven¬
tion of yours, this was a counterplex telegraph,
woxking from opposite ends? A. Yes, sir.
Q. 1 his has no part of the combination that is in
»!) in it? A. No, sir.
(The paper referred to is in The Tele¬
grapher, and is marked “Ex.jQ.”)
* ,i,Qi T1ft in effeot- 01,0 *>rm of differential
862 duplex ? A. Yes, sir.
allS; Substantially, in its general construction,
?“i,,SiS8 tl,e drawing on the black-boni xl-
f° dtuwing/juarked do-
A. Having that principle.
22fd of:>Pli,) 1873, you applied to the
Patent Ofllce, tor a patent in duplex telegraphy
(case II), a copy of the application for which is y.
printed on pp. ICO, 107, and 10S of the case t
A. Yes, sir.
Q. The machine shown in that drawing and de¬
scribed in that description, can only work from
opposite directions, that is true ? g(.;1
J /)-. Wheeler. — Does not that bring up the same
question-how is.it possible that the consideration
of this patent, in any respect, is material in this
%. In some respects it is a controversy over which ^
this Court lias no jurisdiction, because a patent has \
been issued; when you come to questions of m- ,
in which this question is to be tried, whethei the use gG4 ;
of case no is ail infringement of case It ; case n
patented and case 0!) is not ; tbeexam.i.ation of the
question will require a great deal of ti , •
not think any decree of the Court would be binding
on us ; if the two cases are identical, case 09 is an
infringement of case II.
" Mr. Dickerson. — My learned friend's law is alit-
. tie duplex. The State Courts can try uTuestionof
the substantial identity of any two pa . t
comes collaterally in issue In a £ ,
the title ; nlthongh it cannot try the questi
fringeinent alone.
tlie present case.
Mr. Dickerson.- We do not pun»» £ J°e2ldn
Mr. Edison has been asked when he mmlo ^ ^ ^
mvered that question between certain limits. lie
made it in 3872. As is shown by the papers, these
series of inventions which led up to the invention
of 00 passed through some phases. This is one of
them ; and we purpose to show its history, and the
steps it took until it landed in 09, and we propose
to show just when the tiling was ultimately done.
The Cowl .-—If they are substantially identical
he can specify the time when this invention was
made, or if they are not, I will permit the ques-
I o] t taken by Mr. Wheeler.
Q. Hint machine as show in that picture can
only be worked from opposito ends over one wire :
that is true!
A. Practically, it can only be worked in oppo¬
site directions.
Q. I wish you to keep in your mind that vou re¬
tain all the parts here '(
A. Yes, sir; everything, no alteration of the
parts.
Q. No alteration of the parts, but only their
transposition? A. Yes,- sir.
Q. There is no way in which these same parts,
keeping them entire asparts-can be transposed so
as to make the thing work from one end two mes¬
sages over one wire ? -
A. Yes, sir; it would work badly.
I mean to work practically ?
A. To add nothing.
T° ,,lW "filing ! b«t merely transpose the
p«u ts in any desired wav ?
A. I think not.
1’!'en,.this.do\lble spool relay, lettered A, B,
„ !s slmPb' a duplication of the ordi-
t L „ZV1>ntitinf °neftt 0,10 ena« other
Q. That is the same tiling as if in the Morse relay,
which has been used as an illustration in the case,
there were spools put at a higher level, and facing
the spools that are now on the base-board, and the
armature were hinged at a point midway between
tho two, so that either of the spools would attract
an armature which was on the common lever that
held two armatures ; that is the arrangement, is it
not?
A. It is a different arrangement of a Morse relay.
Q. Doubling the Morse relay in that way, now,
that duplication of the Morse relay was made by
you for the purpose of preventing tho falling off of
the armature when the current was reversed through
the polarized relay ; that was its object, was it not,
so expressed in the specification ? A. Yes, sir.
Q. It was an invention to prevent the mutilation
of the signal by tlio falling off of the armature ?
A. Yes, sir.
Q. And that invention involved in its nature the
use of two leading wires, from the battery to the
two relays? A. Yes, sir.
Q. Andbecauso it involved two leading „ue^,
therefore you could not put this neutral relay at
one end of the line, and have the battery that
worked it at the other, without also having two line
wires ? A. It could be moved there.
Q. But in the manner shown here with two lead¬
ing wires, you could not carry that double relay to
tjie other end of the line without carrying to it the
two wires that now are shown, operating it ?
A. Yes, sir ; you could ; you might connect the
wire on the qilate marked E.
Q. What then?
A. And continue that indefinitely ; that would,
bring both of these instruments at the same end of
the line.
Q. I am now proposing to move the two relays,
A nndB, from where they are, down to the same
end of the line where the polarized relay is ; can
230
you ilo tluit without ra crying two v
otlief end ? A. Why, certainly.
Q. Well, imw will you do that?
872
[Witness makes a sketch and hands it to
counsel.]
Q. Is this diagram that you now show me the
plan that- you suggest in answer to my question ?
n -niff,’ SU' ?wt ls tho m,s"'c1' to your question,
semi t!! ‘ WOn,d n°t ,,wko a telegraph that would
send two messages from one end to tho other?
f °U.ll'd n.ot ask lne that question ; put your
action right, if you want me to answer it.
,n your mind that the object of the
ttnng ,s to send the signals, this sketch which you
end VZLTZ?* n0t Se'ld 11,1 V s,SnaIs from the
873 A. sh° 1,,Sh'lm,0,ltS nre t0 th0 other end?)
[The diagram was not put in evidence,]
874
April 27, 1877.
Thomas A. Edison, cross-examination, continued
by Mu. Diokekson.
Mr. Dickerson.— This diagram which I now make
on the board is tile same as that in case “ H,” mere- ^
ly enlarged. . 8|
For the purpose of this examination, tins
application is supposed to be an application made
by Mr. Edison, and I have asked him about it, as
if it were an application made by him, and, of
course, the whole examination has no meaning,
unless that is Mr. Edison’s application (call it wliat
what you will, case “H,” or anything else) which
is one of the steps in the progress of the invention
which led up to the invention in caso “09.” This
is not 90, but is a stop in the way to 09, and we are
examining Mr. Edison on it as a thing lie applied
for. 8
The Court. — As I understand, the witness i was
asked yesterday, when he first conceived this thing
in his mind. Now, it seems to me to bo a legit -
mate examination, to inquire as to the different
phases in which that invention presented itself to
his mind step by step.
Mr. Wheeler. — That is wliat your Honor ruled
yesterday. Now, the learned counsel proposes to
describe this particular drawing ns > a copy of i ;ome-
thing else in evidence ; wlmt I smd was .that^that
other thine which he refened to, is n i
dence ; I have no objection to l.is showing the diuw-
ing to the witness.
lied copy from tho Patent Office.
The Court. — You may prove by him that he pre¬
sented nn application containing this device.
24(1
241
din' DM‘e)'S0«— I suppose I mny prove bv him
that lie presented this application precisely. ‘
The Court.- Yes's Mid then inquire ns to its feu-
tnces, and as to (lie time ; it is not to esi-.l, *1. .
^ nflirmative defence. Il!,h ""
nnfdwf/dWS0n-~N0i cnso “H” and “00,” „ro
wmt to get the steps’by whiolT tl.VwiCls 'earned
01' The od!"TrJl lloeS no,; **® important one wav
to the patent otC7if ym!' p^'that ffTn ’!
have*t 2>re\Snisjy,lai his ",i,ul- mid did not
1 "* Wm the ques-
5 at sncli a day make that application 1
The Powrf.— That I permit.
50 ofiXtS H,r/0,'e We »“* now the
ceSie<!tetl t0 5 ndraltted S Plaintiff ex-
Mr. Dickerson _ ti.™. ,
t]le 106th pnge of “Jn mo . f°'ind on
and running through and takhm n, book>
top of the 178th l)ace „ l j S . tlm"'lngs 0,1 the
P«go , application of April 22nd,
■ 1870, marked Exhibit. 4; the amendment of that
dated May 22, 1878, marked Exhibit 6 ; an amend-
ii lent of that dated March IS, 1875, marked Kv-
liiliit 0 ; and the patent dated April 27, 1876,
marked Exhibit 7 ; the number of that is 174 ; the
application for it was tiled April 20, 187o,>lie day /
before; it was granted on one day’s application, as »>-
appeal's from the face of the papers ; there weio
. three applications and the resulting patent; each
of the applications different from any other, all
showing a series; Iain going to ask you, Mr. Edi¬
son, whether this telegraph, shown in your drawing
of case “II,” does not operate in a certain way
which I will state, and if I state it wrong, then
you will be good enough to correct me ; if not, say
yes; because it is more convenient for me to ask
you the question thus than to ask yon to state it.
Q. Now, then, in this telegraph, case “ IT, there
are two batteries, one of which presents its posi- $
five end to the line, and the other of which pre¬
sents its negative end to the line, and one of which
at a time is in action upon the line, the other being
out of action at that time. Is that so ?
Q. These are marked on this diagram M. BE and
M. B. now, when the instrument is standing ready
charged to be operated, then one of these battenes
is sending a constant current through the circuit .
A. Yes, sir.
Q. Always constant. And these batteries inaj
be either the upper one with its positive to ie
lino, or the lower one with its positive to the hue. I
It is indifferent which of the two has its posin'
to the lino? A. Yes, sir.
Q. One or. the other is on the line, and the oppo¬
site one is out of action? A. Yes, sir.
Q. Then there is a continuity preserving re¬
versal key ? A. Yes, sir. .
Q. By which one or the other of these bnttuies
is thrown on to line, and which preserves metallic
contact with the lino at the moment of reversal
A. Yes.
Q. So tlmt Hiuro is never n loss of metnllie con¬
tact? A. No.
Q. The object of that continuity preserving kcv
is, tlmt there shall not boa time when there Is no
SS4 n'n ?nt °'V le h"U’ S0 thi,t tl,e operator at the
■»
whirl) lit-"’111 s,li,P“S0 that the mark
^ Yes £ ",0 thuro’ is tho wire lino?
Q. If you please, from New York to Boston
iW froTl? '?°S ?‘V mrr0nt is s,'PPosed to beflow-
ing from Boston to Hew York over the wire and
“ST Swr Y°,k t0 Boston over tim wl^
O- n w * 0110 wt'y o'-the other? A. Yes, sir.
8i> wkL^to Ifl’ W-'°n ?'e °1,0,*lto1' ilt New York,
throws int? f "n8!11) ’ ],0"’OUld c,osu ,lis keJ’> «”d
setQu.f SU,,1,0S0> tl,i,t n current is
A Y^sir °n f° NeW York ovel' ^t Hn« ?
ra]avtniri,i1°rtlmfck1eyis c,osetl> tke polarized
3t3iSSSST*£——
Boston^bv tir"D° y°U mean tko 8ie,lnl n'atle in
% a., opii revs? " ”"<1” B““°
ru
swssaswv;* ssns
tag), 111. potortJS' b“ *
The. Witness. — Yes.
Q. And the current is flowing from Boston to
New York, under our supposition, and making that
dash ? A. Y'es.
Q. AVhilo this current is Mowing that way I nave
spoken of, it is passing through one of those non- SSr
tml relays in New York, but is not generating
magnetism enough to pull down the armature
Q. Now, suppose we want to send a signal from
Boston, then the operator at Boston closes key
K 1, on that drawing? A. Y'es.
Q. AVhon that is closed the effect is to got out of
the lino the rheostat 11 i A. Yes, sir.
Q. And as a consequence the battery which h.
been generating a current of one quantity is now
enabled to generate a current of a greater quantitj,
snv two, over the line ? A. Y'es. 888
Q. And that greater quantity magnetizes tho n -
trai relay sufficiently to overcome the spring of the
jiiiimtiue, and the New \ork signal is mac l .
time, and there is more or less of it to produce the
variable results? A. Not all the sign.i . .
Q. But the signal that we now talk o ^
a current flowing in the same diroctio ' .
iirst made one signal, and then made anothei, bj
,tu£i,r:^.r;:ri ^ that 8S9
each other on the line to make these two signals .
A. No, sir.
The Court. — But the two currents do pass simul¬
taneously?
Mr. Dickerson.- That is alleged in the compiaint.
If an electrician is asked wha is a < « “n^.
triclty, he cannot know . It is either a cm tans b
I
ing through Mil* lino, or n transmission or impulses.
/' o say it is a current for tlio purpose of using ii
term common to nil electricians
Q. No two currents, or no two impulses, pnss
encli other on the line nt I he sumo lime 2
A. I ilon’t know that.
0 A ^ tl0,‘ 1 kl‘°" " llL‘t,lor t,luy (1° or not •
AB.ttl 111 *illis ,nutl,od fcll° impulses or currents, .
nave given to you 2 A. Yus.
I tliev JT 'Vl."f,,'.ei' t,luy ,,e umh!''ts or impulses
"ol 8"”B •» contrary directions. A. Yes
inento/ti:,.^?'6! furtl,or- This «'™»ge-
i 3 ’ 011 Sily"‘ (,|c patent, for the purpose
R91 Of neutralizing the effect of the reversal of tliemir
«nt upon the signal relay? A. Obviating.
your word, which is a bet. , °onc .1
object thera 2 A ^4WaS "nd "mt ifi «*“
i jt in j?ot ol,r instrument, where 1 left,
trStothrowM".,!'0/!06?^’ tl10" ",e othor »«tt«y
signal; is not that so?9 noH,Won «“» '»sf
A- The static discharge, you sav»
wt g3Xa&*£ *“
Q. And it is met in its attempt by the fresh cur¬
rent from the battery that has been now thrown on ,
A. In the same direction?
Q. Ill the opposite direction 2 A. No, sir.
Q Let us go over the ground again ; the current
was flowing from Boston to New York when the ^
instrument was reversed 2 A. Yes, sir.
Q. Now, we reverse the instrument, and we
throw the current from New York to Boston!
A. Yes, sir.
Q. The static discharge that follows the breaking
of the circuit wants to get from Boston to iSuw
York at this end of this line 2
A. The static discharge which Hows out from tlio
line is the opposite to that of the battery which
produces it, and this might bean opposite battery ;
hence, the two columns of static diM.li.ngL ol tilt,
current from the battery would be in the same
direction. , . N!
q. You say it, is not true that when the circuit
is broken the line empties itself at both ends?
A. Yes, sir.
Q. Docs it not. empty itself at both ends .
A. Yes.
Q. Therefore, a part of the static dischaige
out in the direction of the current that had been
acting, and a part goes out in a direction opposite
the current?
A. Yes, sir. . . .
Q. Now, I take that end ; it goes out m tliesai .e
direction as the current that was pioducing
change 2 A. That would be at Boston. S
Q. It discharges at botli ends 2 A. Acs.
Q. When the circuit was broken the line !
considered ns being charged all through its „
Q. And from some supposed middle point
electricity that is in it is supposed to n
both ends.? A.’ Yes, sir. . . jr
Q. The same as water would run out, of » pipe
you pulled out the cork at each end ! A. les.
W» jnow, my wise is, tlinr mo current- wiis run
ning from Boslon loNuw York,, and tlien I brail
file circuit ; would lliu sialic discharge :it IhoNev
■ioi'k oiul run out in Hie sumo direction nsMiu cue
raif, mid ilm sialic discharge id tlio Boston em
i nn out in nn opposite direction from tlio current
A. If the battery was in Hosion it would.
Q. No nail ter where llie battery is, when yoi
have broken (lie circuit, the sialic discharge wil
nm^mt at both ends from the middle of tlio line:
Q. Irrespective of where the battery is? A. No,
Q.. It will not run out both ways if the battery is
1 1 one end ? A. Yes, sir ; it will,
l V,'1 "'ll 1,1,1 oufc,,°H' ways, no unit ter where
he battery is, it is certain that hair of it must run
mt in the direction of the buttery circuit, and the
'tlier half contrary to the battery circuit !
A. Yes, sir ; but contrary to the end where the
altery is, and in the same direction at the end
’here the battery is not.
Q. The stream of water (calling it water, now) -
lie stream of water from Hosion lo New York was
aiming in that direction, and the machine that
A Yes'" "1IS NuW Yo>k — that is, the battery !
Q. That is a good comparison, is it not? A. Yes.
H. And all at once we cut off the pump. Will
ot one-half of the water in the line run out in
ew York and one-half in Boston »
A. Not one-hair.
Q- But a part will ’( A. Yes
o^ic tlmV,nrt a,“* '•'"•s out in New
r , rriS !lm 1,,,Ue,y< <»><• in tl.e di-
A No si! c,,1'rent WI1H Hotting ?
Q. Which way does it run I
0 Which w?SUi *° fl,W cummt Produced it.
Q. Which any does the current run in tlio ease I
ve given you, when I pull mv mimn not of ti.«
line-does it run from New 1 il 11 h to the
line ? A. Yes, sir.
Q. It does not empty at all in New Yorlcl
A. Tt empties the other way.
Q. It does not come at all in New York 1
A. It circulates in the opposite direction. I
don’t know where it goes out.
Q. Does it not produce the effect of coining out
of the end of the pipe in New York, and if it were
automatic, make a tailing 1 A. No, sir.
Q. Then there is no static discharge at the end of
the line where the battery is 1 A. There is.
Q. Does that, when it empties out, make a tailing.
If you had an instrument there make a mark on
sensitized paper i A. Yes, sir.
Q. I am not going to follow thcqiicslioli into your
conception ot the way it gets around. You are
going into a question somewhat deeper than is no-
eussnry. The effect of it is. that it acts upon -ie
magnet, 01* whatever oilier thing is in thewaj o
at tlie New York end t A. Yes, sir.
Q. And the effect in this ease would be, <'•
when the circuit was reversed, the helix m e u .
magnet that is now thrown into line by the re t ...
would be affected more or less by the statu, ■
charge 1 A. Yes. . , .
Q. And that would be affected in llle f'1
direction in respect t m „■ el n fi tl •
tion of the magnetism which is going to bo >'upo-tu
upon it by the new battery ?
A. No, sir ; it would tend to augment.
Q. Which battery 1
A. The new battery put on.
Q. Then when you got this up fo'' t
of obviating the defect, it was upon t _ ■ .
one ot these two magnets would begin
charged soon enough to hold tlio nrnin'i re, »< " *
the discharge of the other one would not lot it «> -
“nS'.oSS « -
_ mi ii lino, is it?
21ft
A. It might bo on n very long lino.
Q. How on an ordinary lino ; it is not practical)!
operative ; you improved beyond Hint, did yo
not 2 A. I am not sure about tlmt.
Q. You cannot say whether that is or is iu
practicably operative '
A. That is according to how you manipulated i
Q. Manipulated it by closing the key in the 01
dinary way ?
A. There am other manipulations to h>< eon
through.
Q. There is no manipulation that the operate
goes through, except to closu the kev ?
A. No, but it may bo adjusted by ‘the inventor.
. here is nothing of that described in the an
plication, is them?
A. I hat was a mere matter of adjustment ; it wa
not necessary to describe it.
9‘ .V°n say, do you, that that is opera tivi
under ordinary proper adjustment i
A. I say it can be.
Q. I don’t, ask what can lie ; but taking it just a:
it s ands on the drawing, is it not perreeilv curtail
thaUhear'naturewouhUa11 off at the point of re
' P C!el)'i,uls "I’on the resistance of the circuil
that the instrument was placed in.
Pwiadplrf.|tller0,’ain"ry cilcuit— »«y rrom here tc
i hilndelphin— for practical telegraphing?
A. I don’t know about that. b
Q. You cannot say that will onerato on li„„
Horn Philadelphia made in the ordinary way?
A. I would not like to bo sura of it. ■
ml ""‘'f 11 duplex/froin opposite
others? oupicx, and a great many
A. In efficiency, no, except that it has possibili¬
ty Possibilities by adding some other improve¬
ment i A. Yes.
Q Hut I speak of the thing as it is shown there .
A. Not necessarily any other improvement.
Q. I speak of just the machine shown there,
without, speaking of putting anything on except
wlmt is there — just what you have described 1
A. Ho. .. .. ..
Q. You cannot, say that, as you ilescniie ir,
would be operative to Philadelphia ! A. Ao.
Q. Now, sir, I lind in this first description, oil
page lftS, these words, in lix. 4, “If both l“h,t(*'“
and negative currents were passed through
magnet only, a charge and discharge nou 1
duced with the change of polarity, ‘UUJ . 10 ' ‘
turn would he repulsed or repelled. Inn s ‘
true statement, was it not, then? A. \es, su.
Q. And this contrivance of the «™iaium ‘ *
what you made to overcome the difficulty, that > on M
would have encountered in the relay i
. A. It was an attempt to overcome it. _
Q. And in making that attempt you pat " _
line two magnets and two wires, ami the
traduced the difficulty that you could not -M- |
your key f, on. you, ,e„> s * aH<m. aiso «' »'£
two wires between them. 1 hut "as tin "
duced into the machine by the nseo
Q.' 'uLmom . 5S
- » <*«■ '•')■ »> «• "£ «“
you have stated the same inuttei "him
ed in the first one i A. Yes, sir.
Q. And that was true then ? A. ^’ b y Q7l
Q. Look at the lirst claim m Ex. <>, "
and I ask you whothor that was not
ment of tlio object of the tiling *>tt
°lnAn! do not see that the claim is a statement of
tiie object at all. . „ combination
Q. Is it not a true statement of the c
that you had then made for the purpose of holding
y
mature still at the time of the reversal of the
current 2
A. Tt is a claim for that combination.
Q. It is a true statement of it?
A. So far as it goes, yes.
... Q- Now, a. step further. In the application of
Mil roll 18th (Ex. (i), I linfl rhc.se words in the 172d
pilge : “ The invention lias for its object tile simiil -
tnncons transmission of two ditrerent discharges or
signals over the same wire from opposite direc¬
tions, or in the same direction,” and 1 ask you
whether that instruction or whether that sugges¬
tion does not necessarily require that the two keys
should be put at one end of the line, instead of be¬
ing one at each end 2
A. h’oi transmitting in the same direction. It
says “ opposite directions” here also.
Q. If in tlio same direction, then that requires
909 that the constructor should move his key from the
opposite end to the home end 2 A. Yes.
Q. In order to do that it is necessary to take out
of the machine this double relay and substitute for
it a single relay, is it. not 2 A. It. may be
Q. So far as you know it is, is it not?
A. 1 don’t know.
Q. You don’ t know whether it is or not. Have
you ever made any telegraph in which there were
two wires and two relays, and in which the two
keys were at the same end, and so combined as
that two messages could be sent from one to the
other end of the line simultaneously? Have you
•HO ever seen such a telegraph as that, or ever made
line 1 lm' U S0°n ll0nbl° SP°01 ,,elnys 0,1 thc s,,mo
tt„?i ?' '“d'kition. The question is con-
nied to this kmdo double relay, with two wires
to it ami two batteries? A. Yes ; I have
Q. Where was that machine ? A. In Boston.
Q. l ien was that machine this sort of machine
. with the double relay carried away to the £
end of tlio line, and the key that reversed it left at
this end of tlio line ? A. Yes.
Q. Then you had two wires on the lino?
A. Ho, sir.
Q. How did you get your two wires then that
are in this machine if you took one of them out?
A. They wore only short wires. 91 1
Q. Oil,, the line was so short?
A. No, they came from the two-spooled relay
and joined about a foot from the relay, and contin¬
ued on to New York by one wire. The apparatus
was not used for that purpose. It could have been
used for that, purpose, perhaps.
Q. I mean for the purpose of sending two mes¬
sages at the same time from the same i nd 2
A. You did not put your question in that way.
Q. That, is the purpose that I mean; is it not
necessary, so far as you know, in order to make a
telegraph work from the same end, that you should g j ^
substitute for the two spools, one spool, and sub¬
stitute for the two battery wires one battery wire 2
A. So far us I know now.
Q. I find in the same application a little farther
down, at tlie bottom of page 173 (Ex. 0) : “The
relay A, B, may also be placed at a number of
stations, if A or B be dispensed with, and . other
devices supplied to prevent the mutilation of the
signals by change in the polarity of the iron core.”
Does that mean that you take out one of these two
relays and make a single relay in its place, and
then carry tlio single relay down the line as far as
' you please, so as to make it operate at a distance, 913
while tlio key that reverses the current may be far
oil from it on the line 2
2 he Court. — You moan that you may take the
double relay and put it at any stage on tlie Hue,
provided you leave one of these relays, and remove
the other ?
Mr. Dickerson. — Provided you leave out of the in-
strnmunt this contrivance for obviating tlio difficulty
of reversal, and put a singlo relay down the lino
somewhere— provided yon supply that singlo relay
with some other contrivance, to produce tho effect
and obviate the difficulty of reversal ?
Q. Now, when you speak of “ A or B being dis¬
pensed with, and other devices supplied to prevent
the mutilation of the signals those other devices
mentioned there are the devices in “!)0,” for pre¬
venting the mutilation of the signals *
A. Not particularly these devices.
Q. But such devices as that * A. Yes.
Q. Which did not exist when this application in
1873 was made »
A. They existed, but were perhaps not applied.
Q. The batter v existed, but the combination that
5 made them effective for this purpose did not exist
in April, 1873?
A. Perhaps not.
Q. And you invented that afterwards *
A. I am not. sure.
Q. You say they, did not exist so far as you
know, for that purpose ?
A. I do not say positively.
Q. You do not know whether thev did?
A. No, sir. .
Q. If they had existed when the application of
April, 1873, was made, it. would not have lieen
B "ffT'y t0 >mvc invented this double concern,
with Us difficulties, to prevent the evil that you
spoke of in the application of April, 1873 1
A. I might have done it. .
Q. AVonld it have been necessary ?
^es' it would. I don’t understand the ques¬
tion at all. I might have had that combination.
Q. I do not ask that. I say in April, 1873, when
you made the application in case “H” and in¬
vented nnd described in the patent, this double re¬
lay to obviate the effect of reversal— that inven¬
tion would not have been necessary to obviate the
effect of reversal, if at that time you had had the
other invention, which would work on the single
relay anywhere on tile line— would it*
A. Yes, it would have been useful in this way—
to prevent any person from getting any of the E
modes.
Q. Useful as a bar in the Patent Office ? A. Yes.
Q. But not useful in the machine.
A. Tt would in some.
Q. Comparatively, it would not bu useful. The
other is the valuable tiling* A. Yes.
Q. This is not. comparatively valuable compared
with the other, is it? A. No.
Q. Now, sir; did you put into this application of
this amendment of March, 187b, (Exhibit 0) these
sentences that 1 have last called your attention to,
namely: “ In the same-direction,” and that sen- r
tence beginning with these words : “ The relay A
B, may also be placed at a number of stations,”
Mr. Wheeler. — AVe object.
The Court. — It seems tome that it bears on Hie
question, whether the witness, at the time 1m
made the applications, hud in his mind another
and a different invention, which, if it lmd existed
at the time, would render it improbable that he
would apply for a patent on them.
Mr. Wheeler. — Permit me to make a sugestion ;
there is a suit pending by the AVostern Union Tele-
gaapli Company against this defendant and others,
one object of which is to try the title to this very
invention, that the witness is being examined
about; nud one, of the allegations is that these
words were inserted m tile amended specification
by a fraudulent device ; that is the issuu in tho
other suit; all this cross-examination has a bear-
• ing oil that question. We urged upon your Honor
in the commencement, that one of tlicse cases
would necessarily involve the other, and Mint it was
better lo have them fried in one suit ; Imt. your
Honor ruled otherwise.
920 The Court- —Not that it was not bettor to do
that, Imt that I would not defer the trial of this
suit.
Mr. Wheeler. — Now, we are brought into this,
and if this matter is gone into and the whole
ground is covered, your Honor may have twosuits
tried in one, without the possibility of a decree,
and without any advantage ; 1 fear Mint the objec¬
tions which I have felt bound to make in regard to
this subject, on consultation with my associates,
have seemed to the Court to lie technical ; we aver
,) - j that the invention was sufiicicntly matured in
April, 1871, to be the subject of the present assign¬
ment in. presenti. Weaver second, that if it was
not sufficiently matured at that time to be the sub¬
ject of an assignment, it had become so before Mr.
Prescott’s agreement.
The Court;— Wlmt occurred afterwards may
have a bearing on what did take placo before the
i „ ant.
Mr. Wheeler. — Here is a specilication which was
filed in March, 1875. Does tho fact that something
922 }VaS .lnSul'te<! in tllllt by "’ay of amendment, have a
bearing on this question. It seems as it wo were
going beyond the necessities of the case on that
particular point.
The Court ; I permit tho question to be asked.
Plaintiff excepts. -
Q. At whose request 1
Mr. Wheeler. — Wo object to that as immaterial.
Objection sustained after argument.
Tile argument may be appended hereafter.
Q. Look at tho paper which f now show you.
Did you see that paper at about the time of its
date, February Oth, 1878. A. Yes, sir.
Q. AVlio slfowed it to you 1 A. Air. Miller.
Q. Who was Mr. Miller— u friend of yours ?
A. Secretary and treasurer of the Gold Stock
Company.
Q. And a friend of yours! A. Yes, sir.
Q. Acting for you ? A. Yes sir.
Tho paper referred to is a letter from
William Orton to Mr. Miller.
Mr. Diclccrson. — No> uii^-if your Ifonor please,
not-thn-wHnooo’ij conception, In the direct exami¬
nation of Mr. Edison they asked him when he first
went into some arrangement with Mr. Orton ; and
your Honor will remember lie was asked about the'
month of May and about going to Europe, and
about the payment of money, and so forth. 'I bat
is tho subject they proved by Edison. I am en¬
deavoring by cross-examination to get tho whole ol
the matter.
The Court— X did not attach so much importance
to theexamiiiation-in-chief in regard to the circum¬
stances referred to, and I do not recall distinctly gs5
what the evidence was on that subject, or what the
bearing of it was.
The letter is admitted in evidence, and
marked defendant’s Exhibit 8.
Q. Was not that letter in response to an applica¬
tion made by you through Mr. Miller to tho \\
erh Union Telegraph Company, to make a con-
tract with you in respect to some inventions that
you were making or contemplating ?
A. I believe it was.
Q. Did you not see Mr. Orton in consequence of
tlmt letter, and verv soon after it ?
A. I think I did.
Q. You accepted tlmt invitation and saw him ?
A. I think so.
Q. Did you not then make an agreement in sub- ■
stance this : That you would go on with the West¬
ern Union Telegraph Company, and developo cer¬
tain conceptions and inventions, that you had in
duplex telegraphy, and when they were done and
patented, that that Western Union Telegmph Com¬
pany should own them by paying you such a price
as you and that company should agree upon, and
if you could not agree upon it, then, that an arbi¬
tration should settle it, and they should own the
patents:
Mr. Wheeler. — Our only object
illation was to show win
ceived from the Westc
puny prior to January,
: consideration lie had re
i Union Telegraph Coiii-
The Court.—- You have his statement in that re¬
gard. All this evidence may have a bearing on
that question, and I will therefore allow it.
Mr. Wheeler further objected to tile
alleged proof of the contract, on the
ground that it was a contract within the
statutes of frauds, and it must be proved
by a writing.
Mr. Dickerson. In respect to the statute of
frauds, it seems to mo that in the aspect in which
this class of questions is addressed to the Court, it
has no relation tq it whatever, except this is a
fraudulent transaction. I am not seeking at pre.
Question allowed and exception taken.
A. I think we had such an understanding by the
voico. j
> Q. An oral contract or and t In g ?
A. Yes, sir.
Q. At that time, did you not deliver to Mr. Orton
a little book or lile a paper containing the differ¬
ent duplex inventions upon which you proposed
with him, and lie agreed with you to go on and
make experiments, and developo them i
A. Yes, sir.
Q. Is that it? [handing paper to witness.]
A. Yes, sir. ‘ ^
[The paper is dated February Ifitli,
and marked Exhibit 0.] g
Q. At that time the Western Union Telegraph
Company was working what is known as Stearns’
duplex? A. Yes, sir.
Q. And had been for some years? A. Sometime.
Q. Do you remember how long, about ?
A. No, sir.
Q. You don’t, know exactly ?
A. No, sir. Q. Then did not Mr. Orton say to
you utter you had shown him tlicso things;
“ Go on and invent all the duplexes you can make
that will work, regardless whether they do or do
agree upon the price we will leave it to competent
disinterested parties.”
A. I believe lie said so ; I think he did.
Q. Did you not then begin your work under
these instructions and that agreement to develop
your duplox inventions tlmt were there shown to
Mr. Orton, and exhibited in that paper which is in
evidence?
Mr. Wheeler. — Is it not, fair nt least, under tins
state of the case that the witness should not bo led
too much ?
The Churl.— You confined the subject to n very
small limit in your cxamiimtion-in-ohief ; it now
)32 seems to bo developing very much. That, how- ■
ever, seems necessary. It would be. better to ask
what, occurred, and it lie fails to recollect, liis mem¬
ory can be refreshed by calling his attention to cer¬
tain facts. If the witness proves reticent, or does
not recollect, I should permit counsel to ask most
leading questions to get at the facts.
Q. And you had access to the operating rooms
of the company, and to their instruments and ap-
plianees for the purpose of making your expori-
; d meats ? A. Access to the operating room— yes, sir.
Q. And also the use of their instruments, did you
not ? A. I am not so sure as to that,
Q. Can’t you remember ? A. I think I hadn’t,
Q. You had to bring your own instruments ?
A. Yes, sir ; at that time.
Q. That was in February, ?8<:i ?
A. About that time.
Q. Look at that little paper and say' whether
that is in your handwriting ? A. Yus, sir.
Q. It is not dated. Do you remember about the
time when that was written ; you began about the
934 Gth of February ? A. It was about February.
Q. To whom was that paper addressed ?
A. 1 think to Mr|I. Miller.
Q. It is Mr. M. there ; that means Miller ?
A. A. Yes, sir.
Q. He was acting as yonr agent, was he not ?
A. Yes, sir.
The little paper was read In ovidqncc,
and is ns follows : “Mr. M ; want order ;
go in W. U. nights, to feel the pulse of
my patients. Edison.” It was marked
Exhibit 10.
Q. He good enough to translate that for us ; what
is meant by that paper?
A. The patients were the wires.
Q. The Western Union Telegraph Company’s
wires ? A. Yes, sir.
Q. And “ Go in ; W.* U. nights — ” go in where?
A. Into the operating-room of the Western Union
Telegm pli Com pany.
Q. Ho one is admitted there but the employes of
the company, generally speaking?
A. I don’t know that.
Q. At the time when this arrangement was made
that you speak of, did you not say to Mr. Orton
that you could furnish him any quantity of du¬
plexes that he might ask for, or words to that
effect ? A. Yes, sir.
Q. And that you would make him different ones
for about live dollars apiece?
A. 1 didn't mention theaniouut.
Q. Don’t you remember to have said in regard to
one that, you showed him, “There is a good one,
and you can have it for live dollars.” ?
A. Perhaps, I might.
Q. At. that time, it was your opinion, was it not,
that this duplex business was not a very valuable
thing? A. Very valuable.
Q. You thought it was ? A. It was. ay
Q. Did you think so at that time? A. Yes, sir.'
Q. That all these duplexes were valuable tilings !
A. As they already had a duplex, it would not
do them any good to have any more, except as an
insurance against other parties using them— other
lines.
Q. For the purpose of getting patents, and pre¬
venting others from competing with them in the
market — that is the value you attached to them 1
A. That is the value— a negative value.
Q. It hns been staled hero Mint you treat present
in the employ of ihu Western Union Telegraph
Company ; I wish to have you state whether that
is so, and what are your relations to that eotiipauy ?
J .rfSf.1 have a contract which provides that in ease 1
invent anything valuable that is useful to the Wes¬
tern Union Telegraph Company, that they have the
option to purchase if, and to assist me in exploiting
and inventing those inventions ; they pay me a cer-
tain sum weekly, which the contract says 1 must
|ia expend all in perfecting those inventions.
II Q. The price to he paid liy arhitraliou I Yes, sir.
II Q. And that work you are doing at your own
II factory i Yes, sir.
VS flyJ Q- hi New .lerscy, somewhere ? A. Yes, sir.
Q- And you are doing other work for other peo-
II pie ? A. Yes, sir.
IS Q. You have a factory or laltaralory >.
II A. Yes, sir.
^ And inventing for other people, and making
XVivS machinery, and whatnot’ A. Yes, sir.
A- Now, 1 „ t tl s u t it i
February, you went on and tried those experiments
on your different plans, the plans contained in that
paper, were they not 1 A. Yes, some of them.
Q. I show you another paper, and ask you if that
940 is your writing? A. Yes, sir.
Q. To whom is that addressed 1 A. To Mr. Mil¬
ler.
lt) -v ,, tv. J is dated April 4tli, 1873. Counsel
, l,uts ft il> evidence, and it is marked Do-
1Ek> tfo Mi . fondant’s Exhibit 11.
Q. The duplex referred to in here ns prior to
Stearns was in the Telegrapher 'l A. Yes, sir.
Q. You never patented that, did you ?
A. I think not, sir.
Q. That was suhslantmllv the same as the differ¬
ential then known? A. Yes, sir.
Q. There was nothing patentable in that?
A. At that, time T thought it was new ; in fact, it
was not; my particular arrangement perhaps was
Q. You were an inventor of that hut there hap- f
polled to.be somebody before you that you didn’t
know of— that is true ? A. Yes, sir.
Q. Tt is a good many years old, is it not ?
A. The duplex?
Q. That duplex — the differential ?
A. The differential duplex is very old.
Q. When did the word duplex, to your knowl¬
edge, come into use as descriptive of this class of
telegraphs ?
A. I think it was invented by Slearns-tlie use
of the word, in 1871 or 187:2.
The Court. — Was if. then applied to transmissions '
in belli directions or only one?
A. Tn opposite directions only.
Q. It was in opposite directions i
A. Yes, sir: but it came to be applied to instru¬
ments in the same direction ? A. Yes, sir.
Q. So that, generally the word duplex meant
either way ? A. Yes. sir.
Q. You say ten models for ten different duplex
have been delivered toMunn & Co., patent solicit¬
ors. Those models wore models for a class of ap- 943
plications, lettered from A to H, and perhaps far¬
ther, wore they not? A. Yes, sir.
Q. Case H was one of these things ?
A. Yes, sir.
Objected toon the ground that no
communication of that to the Western
Union Telegraph Company has been
shown.
i
The Court. — Tho objection goes to tho cITuct of
the testimony. It I were trying a case before a
jury, anil the motion were to strike out, I think my
duty would be to instruct the jury to disregard tin; •
evidence. Tho most I can do is to disregard it my¬
self if it has no bearing.
Q. 'I'lie model of case 09 was not one of these ?
A. No, sir.
Q- Now, sir, look at the paper I now show you,
and say if that is your lmnd-wriling 1
A. Yes, sir.
[The paper is dated April 23rd, 1872, and is mark¬
ed Defendant's Exhibit 12. |
ftvMsaazrlb Oiouxy.
Objected to on the ground that it is
not proper cross-examination.
Mr. Dickerson offered the paper as a mere writ¬
ing, and not as a power of attorney.
Mr. Wheeler. — We did not ask anything about
94fi his relations with Miller, or Millor's relations to tho
Western Union Telegraph Company.
[Mr. Dickerson desired to conneot the paper
with these transactions. Mr. Wheeler further ob¬
jected on the ground that the paper could not be
proved by Edison, but that it must be proved bv
he subscribing witness.]
The Court. — He -is not a party, and it is not pro¬
posed to contradict the witness.
The Court. — With what point of view Ims it any
bearing on the question that was introduced in the 947
exaniinatiou-iu-chief.
Mr. Dickerson.— It is this. To show that he
did go on up to April 23d, and made this
string of inventions, and among others, this case
IT, leading up to 99, being the lirst step of 99,
which was afterwardssiipplcmcutcd and perfected,
that it was made under that agreement, and that
when he went to Europe, lie left the power to exe¬
cute his agreement with his attorney, in fact, so
that the relation subsisted from the beginning to
the end even in his absence; ami that the eight
things mentioned here were, among others, case II,
which is the direct predecessor of 99. Tile improve- 9 18
incuts, while ho was in the employ of the Western
Union Telegraph Company, resulted in that.
The Court. — I will take it. in order to see what
bearing it may have.
Exception taken by Mr. Wheeler.
Q. In these eight duplex telegraph patents men¬
tioned here, case H, was one of them !
Objected to on the ground that the
Court had already said that he did not
think the answer was material, but as it 949
was answered before the objection was
made, he would not strike it out.
Mr. Dickerson. — We linvo shown that case U,
was tho first application of that contreplex.
The Court.— It seems to 1110 that that hears on
the question ns to tho time when 99, assumed form
and shape in the mind of tho witness.
[Exception taken by Mr. Wheeler.]
^ pniii
ifrup fWtCCJ dGJ K/fr (Jjffc joi
iuuv (Hu^ 0<sA\idj i ^ (&*<) ciuMUv>A
"to UVL,"Tw)»u^\-- Yes, sir. J
df^Aur^J^ Ha9^' -A-bout- tlmt time you wore going to Europe ?
Ufe^jht, q A|ld yuu ]eft that power with Mr. Miller,
r^- your agent, in your absence 2 A. Yes, sir.
Q. Tlmt was the intent, of the paper : look at the
050 paper I now show yon which lias no date upon it,
is it your handwriting ? A. Yes, sir.
Q. Can you lix any date for that 1 No, sir.
The paper wasinarked Exhibit. 13.
Q. I ask your attention to this “i have tried to date
with make-shift instrument seven duplex between
New York and Boston ; six of them worked charm¬
ingly : tho seventh was n satisfactory failure, I
have fifteen more to try ’’can you front Mint asso¬
ciation of facts, slated there, approximate- to tho
time when that was written ?
A. Near the date of the paper mentioning the
901 taking of 8 or 10 applications to Mann & Go. de¬
ferring to Exliibit 11.
The Court..— XV as it before or after ?
A. I couldn’t tell.
Q. Yon were asked about what you did when
you came back from Europe ; did you not then
have tho command of the instruments of the
Western Union Telegraph Company, for the pur¬
pose of going on with your experiments, after you
had returned from Europe, in about June— what
month did you return?
96o A. About .1 line, 1873 ; you did not give any date ;
of course, I have since.
Q. I want to call your.' memory to tile timo so
Hint you can fix it; you have, since you came from
Europe, had' the command of the instruments and
Hie work shop of the Western Union Telegraph
Company, to make these things ; have you not?
A..: Yes,, sir.
Ur. Wheeler. Do you mean all the time?
The Court.— Wo will come to that.
Q. About when was it after your return from
Europe, that you had the command of tho instru¬
ments, the wires, and facilities or the Western -i
Union Telegraph Company, to go on with your ex- * L, OtW3 e 1
pertinents? A. About the middle of 187-1, T think.
Q. Did you not, in the middle of 1873, have some , aa / /
duplex instruments made at the Western JUnien
Telegraph Company’s workshop through Mr.
Miller? <!«-( f^"'
A. Perhaps I might have had a small alteration S' 1^',
ill muno inuh-im.oiit Xc fUicck^ Lx
Hiller ? n fej
A. Perhaps I might have had a small alteration S' 1^',
in some instrument. ^ ^
Q. Bid you not have some made there? Don’t
yon remember ?
A. I think not; not made outright.
Q. But they did work for you on duplex instru¬
ments Tor the purpose of these experiments, in
1873? .
A. Mr. Miller procured some alterations there. 954
Q. In the Western Union Telegraph Company's HflXf
shop? A. Yes, sir.
Q. Not at your expense ? A. No, sir. jH W
Q. They did for you all you asked, did thev flff
not? A. I didn’t ask them. «f
Q. They did all you asked them ? w
A. I didn’t ask them; Mr. Miiler asked them. W
Q. Bid 3-ou ask them for anything more than
j-on got ? A. Ask whom ?
Q. Tlie Western Union Telegraph Company, in
the course of thoso experiments ?
The Court.— Wo says lie did not ask them for 055
anything.
The Witness. — I meant the shop.
Q. Now, sir, in the winter of 1878-4, or in tiie
spring of 1874, there was some/cessntion by you of
your experiments, was there not? A. Yes', sir..
* -ty'arv-'flc
f ■ ~ . 1 :
207
Q. Anti then, did you not write a letter, which I
now hand you for identification ?
A. Yes, sir; I did.
. i - vpsjL/ identification, dofi
<YrtvJ( iavVW .„&£/)•
"" Lt UaXirr*' After tlmt letter, did you not go to tho AVcst-
U" 'll invom Union Telegraph Company's oflicc, in associu-
flJyOff' ltion' with Mr. Prescott, and proceed \ ' '
V work? A. Yes, sir.
Q. Mr. Prescott co-operating with yoi
Q. That oiler led uji to the con tract of August
19th, 1874, between you and Prescott.
(Referring to Exhibit F, attached to the com¬
plaint.]
[The contract was read in evidence.
Adjourned until Monday next.]
7-x . ewW TLX CO&. ie^plULuW
| rvu^f C^vc fa Ua* QWaJ Cuu o/
<VTU^> , 1U*J Kslr*A( \kjJ/ >Ka>V
Oubouri U* Of
' La , ' ^ AjflfSMMAXjUuj/
oJma. .'sa uJ)^ oVtTjY
New York,' April 30, 1877.
Thomas A. Edison, cross-examination resumed :
Q. That letter, which we allowed you Friday,
to Mr. Prescott, was dated May 19th, 1874, and the
contract with Mr. Edison, which we put in, was
dated August, 1874, so that there was an inter- 959
val of three months between that letter and that
contract. Now, I wish to ask you whether you
did not follow tip that letter to Mr. Prescott, by
going to see him very soon after it was written,
in response to word sent by him inviting you ?
' A. Yes, sir.
Q. And then I ask you whether you did not,
in your own handwriting, under the date of June
21st, 1874, draw a draft of the agreement, substan¬
tially, that afterwards was executed ; I show you
the paper merely to refresh your memory about it ?
A. Yes, sir.
Q. Then do you remember why it was that your gfi0
contract was not executed by Mr. Prescott, as you
offered it in June, and how it waited until August
lieforo it became executed t
A. I think there was a contract made in July,
but was withdrawn, and the August contract sub¬
stituted instead.
Q. With Mr. Prescott ?
A. Yes, sir. •
Q. Don’t you remember Mr. Prescott was wait¬
ing, in order to get the permission of liis company
to maUo that agreement with you, also Mr. Orton
boing absent? A. Perhaps lie was.
Q. Do you remember that? 901
A, No, sir.
Q. Now, after you wrote that letter, and saw Mr.
Prescott early in June, then you began in the AVest-
ern Union Company’s ollice, to use their means for
the purposes of these experiments, didyou not. After
your letter in May, mid before your August con¬
tract, you began to use the AVestern Union Com-
mmm
pnny’s facilities for innkiiig your models and
experiments?
A. Sir. Prescott’s facilities.
Q. In the Western Union Telegraph Company's
oflico ? A. Yes, sir.
Q. For the purpose of fixing what you started
with. I am going to ask you about the contents of
■ this Exhibit !) — the book of drawings which Sir.
Prescott brought to Sir. Orton in the beginning.
-Now, this list from this book of drawings, docs not
contain f)0 anywhere, does it, (these 17 drawings) i
A. Not exactly.
A. It does contain the foundation of ease II,
which is No. 10, does it not?
A. Yes, sir.
Q. That, is the foundation of case II ?
A. Yes
Q. That is the neiuest, that comes to 01) in this
paper? A. Yes, sir.
Q. That has a duplex from opposite ends, case
II ? A. Yes, sir.
Q. Now, this contains, however, one sketch of a
duplex from one end, does it not, in place of from
opposite ends— a suggestion or two from one end ?
[No. 14.] A. Yes, sir.
Q. That is the only sketch in that paper which
is duplex from one end, in this list, is it not?
A. Yes, sir.
Q. And being duplex from o
of qnndruplox, of course.
A. Yes, sir.
Q. Was that well known ?
A. Yes, sir.
Q. And therefore, you wrote on this sketch these
words, “ four-plex— why not?” that is vour sag-
964 gestion ? A. Yes.
, Q- I'lm t four-plex is not upon the plan contained
m case H, so far as the combination of the reversal
and quantities is concerned, is it?
A. No, sir.
Q. Now, I am coming down closer to the time
le end, it is capable
when the duplex 90 was produced, and I ask you to j
look at these three papers which I show you, and uu>fyl
tsr'”" .
’mi
Oti-
.. Yes,
Q. These were sent to Mr. Miller, wore they not
— your agent ?
A. I believe so.
Q. These are both addressed to Mr. Miller ?_ t
A. Yes, sir. yu., w.rt
ta u
[Defendant’s counsel reads paper
marked Exhibit 15 and 15 A ; also reads
paper marked Exhibit 10J4 K rktM.
i|73- s /
Q. Now, can you approximate the date of these
papers when you sent them— about the time you
wrote them ? A. No, sir. .&*«& •
Q. Sometime between the time that yoi
.that letter to Mr. Prescott in April, anil the t
Avhen you made that contract in August, was
A. Do you mean 1874? .
Q. Yes. A. I cannot say.
Q. Then I ask your attention to another paper ;
please look at it ;*it. is your handwriting, I believe ?
A. Yes.
is it not ?
[Defendant’s counsel reads paper
marked ExliibitT7.]
Q. This was the outfit for 99 ?
A. Yes, sir : in part.
Q. And this contains the back point arrange¬
ment? A. Yes, sir.
Q. Tlie back point arrangement for making the
bug trap? A. Yes, sir. f
Q. That term is used in this way, unless you
can prevent the effect of reversal ; there would be
made a false signal, and they cull that a “bug,”
for short, and what prevents it is called a “ bug
trap?” A. Yes, sir.
Q. Here I will ask you to assent to what I say,
or disagree from it, as you seo lit. This arrange-
ment. moans this, (loos it not, liamoly: That
when the armature, that is worked by the neutral
relay, is at rest, the circuit is made through the
point on which the armature is resting — not the main
circuit, hut the local circuit is made through the
back point, for the purpose of preventing another
local battery from operating the local sounder ?
A. You mean the relay is opened.
Q. I say, “at rest” — when the machine is not.
working ? A. Yes, sir.
Q. The back point is the same as Mr. IT
expressed by “back contlfciif !” A. Yes
Q. Look at these drawings ; now looking at draw¬
ing 00, and at the upper relay on the left hand side
of the drawing when the machine is out of net-ion ;
when an armatue lever on that upper relay is press¬
ing against the back contact, or back point, it is
held there by the retractile force of the spring !
A. Yes, sir.
Q. And by reason of that circumsluncu there is a
bel ter circuit maintained around that little square
circuit shown there, through the local sounder
relay marked let ter “ A ? ” A. Yes.
Q. And as a consequence that circuit is all the
time in action ; that local circuit is in action so
long as that condition remains ? A. Yes, sir.
Q. Then theru is another battery in that little
small rectangular circuit marked “ U” below the
local sounder? ’A. .Yes, sir.
Q. Which battery is throwing a current through
the sounder relay in opposition to the current
thrown by the battery “ Y?” A. Yes, sir.
Q. Anil as a consequence lliero is no magnetism
generated in the local relay 1 A. No, sir.
Q. And therefore its armature stands away from
the magnet ? A. Yes, sir.
Q. Thus, when the main lino circuit is brought
to bear on this relay “S,” the upper relay, it at¬
tracts the armature so as to break the local circuit
that goes through the local battery “V!”
A. Yes.
Q. And as a consequence it leaves the local 9
battorv unbalanced, and it attracts tile armature of
the sounder and makes a signal ? A. Yes, sir.
Q. That, is how it does it ! A. Yes.
Q. And why that is useful is this— is it not— that
when the current on the main lino is reversed
through the relay “O, ” then there is a moment of
no magnetism ! A. Yes,
Q. And then if the armature at that time had
been attracted to that magnet, it is let go for a
moment? A. Yes, sir.
Q, And Hies back towards the back point?
A. Yes.
Q. And if it touches the back point, it closes that r
Q. But this local sounderarmature being so slou in
action ; if that contact is only instantaneous, it
produces no effect upon the sounder?
A. Yes, sir.
Q. And therefore you can permit that circuit to
be closed without mutilating the signal ?
A. Yes, sir.
Q. The figure 2 on this drawing is the same tiling
in substance ?
A. A different way of doing the same thing. 1
Q. They are both bug traps? A. Yes, sir.
Q. Theso are the two bug traps for the purpose
of enabling you to use the single relay on case 1)1),
in place of tile double relay as in case II 1
A. Yes, sir.
Q. And the piper t have shown you indicates
that arrangement, does it not; that Img trap
arrangement? A. Yes, sir.
Q. Now, can yon fix the date ot. that paper
[Exhibit 17] it has tile shop endorsement for the
work done upon it! A. That is about the dale.
Q. The date of that endorsement is June 10th,
1S74 ; that is the first time that that apparatus was
4 constructed, is it not? A. No, sir.
Q. Was it liver constructed in ' the Western
Union before? A. Hot at Western Union.
Q. Was it constructed by von ?
A. T believe so.
Q. Where? A. In Newark.
Q. When by yon ?
A. I think I exhibited the apparatus at Newark,
in 187H.
Q. At what time — was it the time that Mr. Eckert,
came there ? A. Yes. •
Q. When— in the winter, of 1873-4?
A. I think so.
5 Q. Snow was upon the ground !
A. I am not sure about the snow ; I gave the date
in my afliila t i t h n it that time, I ramem-
Q. Do you remember now. that it was in the
winter of 1878-4?
A. Sometime in the latter part of 1873.
Q. And (lie apparatus you then had over there
was the same that Mr. Miller got for you from tlui
Western Union shop ?
A. Some parts of it were ; the paper you showed
me there refers to it— polarized relays. *
Q. You got it from the Western Union under the
order, in Exhibit 1C ? A. Yes.
, . Q- These gentlemen that came to see you then,
1 wore, they employees or officers in the Western
Union Telegraph Company ?
A. Three of them were.
Q. The gentlemen to whom you exhibited, Mr.
Eckert, Mr. Chandler and Mr.' Brown ? A. Yes.
Q. They were officers, all of them, in Western
Union ? A. Yes, sir.
Q. And they canto over there to see how you
were getting on with that tiling ? A. No, sir.
, Q. What did they come for 2
A. To see automatic.
Q. And then you showed them this? A. Yes.
Q. At the same time you were- working automa¬
tic ? A. Yes.
Q. During that time you say in that shop, when
you wore doing that work in your shop, was that
the shop set up by you mid Harrington, under the
contract of October, 1870, or another shop ?
A. Another shop.
Q. That first shop had burst up ?
A. It was carried on by other parties.
Q. And the shop had ceased to be the shop of
Harrington & Edison ? A. Yes, sir.
Q. You and Harrington had gone out of it?
A. Yes, sir.
Q. And had ceased since 1871 sometime?
A. In 1872, 1 think.
Q. And you had sold the machinery out of it
yourself, or used it !
A. No ; it still continued to be used by the Au- ;
tomntic Telegraph Company, but I had nothing '
more to do witli it.
Q. And this was your own shop which you were
running by yourselves ? A. Yes, sir.
Q. And you were employed at that time in manu¬
facturing and inventing for the Cold and Stock
Company, also ? A. Yes, sir.
Q. The Gold and Stock Company is a telegraph
company, subordinate to the Western Union Com¬
pany in their establishment ? A. It is now.
Q. Was it then? A. Perhaps it was.
Q. And at the time that you wore making these
experiments under the contract with Mr. Orton,
for the Western Union Company, you were doing
a very large amount of work for the Gold and Stock
Company? A. Yes, sir.
Q. Say $1(30, 000 worth right along there?
A. Yus, sir.
Q. You wore gutting $150,01)0 of work from that
company then 1
A. Perhaps I did that much in the aggregate.
Q. Thu capital with which you wont in under the
. contract of October, :IS7<), with Harrington, that
had till boon lost and disstppuared tit, that time i
A. - 1 don't undurstaml your question ; the capital
was iu machinery, ant^ the machinery still exists.
Q. But it had disappeared as the property of the
partnership i A. It has now.
Q. It had then disappeared as the property of
the partnership t A. At what time !
Q. In 1873-4, when these things were being made
by you iu tlie shop ?
A. Some people claim that the partnership still
existed. .
Q. I don’t ask about tiie partnership, but about
I the property ?
Mr. Wheeler. — Has not this line of cross-ex¬
amination been carried about as far as it can be
properly on this branch ( \Ve asked the witness
nothing about the relations with Harrington ; it is
rn entirely new subject. I do not think it ought to
be introduced by leading questions. I think it is
better that they should interpose this defense after¬
wards ; we do not know what their defense is upon
that ; it is an aflirimitive defense. Everything that
litis relation to Mr. Harrington is defensive matter;
your Honor has allowed that cross-examination ton
considerable extent as to what the witness received.
t ■^'e^erx0n' — I »Ihn' it in this connection, and
I think your Honor will see in a moment that it is
perfectly relevant and pertinent here as cross-ex¬
amination. They go on in this complaint, andallege
that Mr. Edison got no help Troiii the Western
union, but that lie was doing this business iu the
concern of the partnership with Harrington, and
that really the whole product and invention was
made by him in his employment by Harrington,
and with the capital, tools and machinery, and
what not of that partnership.
1 he Court. — AVliere is that 1
Mr. Dickerson . — Y our honor will find it on the 983
4th, fitli, 0th, and lOtli paragraphs. Then they
go on to the 14th and allege in substance, that
they did not get anything ; but that Edison,
on the contrary, was being imposed upon and
cheated by the Western Union, and by Prescott,
all the way through, who violated whatever
understanding they did have upon the subject;
and in order to support these allegations, they
called Mr. Edison, and asked him this class of
questions, done with so much caution and care, to
show that ho had not substantially got anything
from the company ; had not got any money or help,
and was only making this tiling for his own nc-
count generally. Now, 1 ask the witness the ques¬
tion, whether in the first place these things he did
were done by him when he had a business going on
at all with Harrington, and I think it is competent j
on the cross-examination of the formidable direct J
examination of brother Russell. I
Mr. Wheeler.— Your honor will remember that
we asked him but two questions — whether he re¬
ceived any pecuniary assistance from Air. Orton
and the Western Union Telegraph Company, prior
to July, 1874, to enable him to make inventions in •
duplex telegraphy, and it so what such assistance
was. They have* exhausted that ; they have been
through it a great length of time ; now they are
proposing to ask him what ho got from Harrington.
That certainly is now matter; it does not relate to
Western Union; it is matter of. affirmative de-
The Covrl. — It is competent to know whether lie
got from anyone else any assistance, so as to show
whether the whole was derived from Western
Union.
Mr. Wheeler. — One reason of my objection is
that we have had no opening from them on the
986 subject.
Q. Now, beginning nt that date, February, 1878,
and running along during these experiments from
the beginning to the end of them, wore these ex
periments done with the tools, machinery facilities
or capital that ever existed in the partnership be¬
tween yon and Harrington, under the date of Oc¬
tober 1st, 1870 2
Objected to; admitted; and an excop-
^ Objection overruled: and an excep-
The Court. — Of course I shall modify that ruling
!7 by saying that it refers simply to matters which
are within the scope of cross-examination. If it is
offered as an affirmative defense, my ruling will be
different and will require him to withdrew sncli
question.
Mr. Wheeler.— I understand your Honor that it
is simply a difference of view as to whether it is a
cross-examination.
The Court. I think it comes within cross-exnmi-
nntion now. ■ '
Plaintiff excepts.
Q. That letter of Mr. Orton’s to yon ill Feb¬
ruary, 1873, resulted from your application to him
to go into that business with him ; yon made the
application 2 A. Yes, sir.
Q. You were the applicant for employment 2
A. Yes.
Q. And not he to you 2 A. No.
A. No, sir.
Q. You have said that you left that shop that
was established under the contract, sometime in
1872 2 A. Yes.
Q. Now, wliat was done with the machinery,
tools, and property there 2
A. It was carried on afterwards.
The Court.— He said that he ceased to have any
Objection overruled ; and an excep-
'Ihe Witness. — It stayed there for several years.
Q. You state you quit that shop in 1872 2
A. I left there myself.
Q. Did you not quit the business of that shop 2
A. I quit having any tiling to do with it.
Q. Now, this paper is your report to Mr. Pres¬
cott, is it not 2 A. Yes, sir.
Q. Made at the time it bears date 2 A. Yes.
Defendant’s counsel reads in evidence,
paper marked Exhibit 18, dated Sept.
80th, 1874.
Q. Bofore the date of this paper, Sept. 80th, you
had been running this instrument 00 experiment-
278
270
ICxu. UxjC “Hy. with operators working extra liours ami
nights, in order to carry it to a working condition,
.1 'jx h^if 5,1 rtle Western Union ?
,Mg-lwr ■ A. yes : on looped circuits.
Q. That moans taking the outgoing wire and con¬
necting it at the end, and bringing that back, and
UU2 having botli ends in the office? A. Yes, sir.
Q. And you were running it nights and over¬
time, at the cost of the Western Union Company,
to get this thing working before Sept. 30 ?
A. I believe at the cost of Western Union.
Q. Not at your cost?
A. No ; at Mr. Prescott’s or the Western Union.
Q. And on this Sept. 30th report, there was a
line put up to work at Boston ?
A. It was instruments put upi.
Q. Prom that day to this, so far as you know,
that line that you put up then, lias been running
to Boston ? A. So far as I know.
nn.> Q. It was running when vou quit the Western
Union? A. Yes.
Q. Went right to work and continued in the busi¬
ness? A. Yes, I believe so.
Q. That was done by your consent i
A. Those instruments were.
Q. Those instruments were put in by your con¬
sent? A. Yes, that set.
Q. And continued to lie used for business by
your consent ?
A. I gave no special consent about it.
Q. You put up these six, and never objected to
their being used for business ?
A. I put them up and left them there, and said
094 nothing about them..
Q. Prom that time to this ? A. No, sir.
Q, You sent back this sketch, which I now show
you (Exhibit 19), along with this paper (Exhibit
20), did you not ? A. I believe I did.
Q. Are these both in your handwriting ?
Q. The word “ biz ” means business, I suppose 1
A. Yes.
Defendant’s counsel reads Exhibit, 19.
9!
Q. This referred to in 10, was an instrument or¬
dered to bo used 2 A. To be made.
Q. To bo used for this purpose '(
A. It was to be used for this purpose; I don’t
know whether I used it or not.
Q. You ordered it to be made? A. Yes.
Q. It was made ? A. I believe so.
Q. Now, sir ; after that, you started the Chicago
line with this apparatus, did you not?
A. After which.
Q. After September 30th, 1874, after the Boston 1
A. Yes ; after the Boston line.
Q. Then you developed the difficulties of static
discharge?
A. They developed themselves very strongly.
q. Trying to go to Chicago developed the diffi¬
culties of static discharge 1 A. Yes, sir.
Q. Then other inventions had to be made in order
to neutralize the static discharge, in its effect upon
this qundruplex arrangement? A. Yes, sir..
Q1 And that involved a great deal of difficulty,
and time to overcome these troubles ?
A. Yes ; some time and difficulty.
Q. And a great deal of money was spent on it ?
A. A great deal of time.
Q. And experiments and apparatus? A. \ea. ,
Q. Before it could be made operative, practically
to Chicago? A. Yes, sir.
Q. Now, sir; your applications in the Patent ur-
fico referred to in the former letters we have seen,
for case II, and the class of lettered cases, being in
the office, case H, was rejected in the Patent Office
by the examiner, was it not ?
A. I don’t remember.
./
iSiS
[Mr. Dickerson moves to strike out the
answer ot tile witness: “That money
was not given on account,” ns not re¬
sponsive. Stricken out.]
Q. I make a little digression here, for the pur¬
pose of refreshing yi
recollect ion ; I
lUtli ot Dec.
date of
Mr: Wheeler. — If it was by letter, the original is
Q. The patent had not been issued at that time l
A. Wlmt time.
Q. September 30th, 1S74, or in 1874 at all ?
A. I think not.
ggg Q. There was no patent issued, or allowed to he
issued, for case IT in 1874, was there?
• A. I think not.
Q. Now, sir, on Sept. II) til, 1874, there not yet
being any patent for ease II, or for Ot), you applied
to Mr. Orton for a sum of money, on account of an
agreement between yon, under the supposition
that there would be a patent some time or other?
A. Money on account of an agreement which it
was supposed would be made.
Q. No; money on account of an agreement which
you made with him in February, 1873, that, you
would go on and do these things— get this patent,
and the Western Union Company should own it
999 fora price that an arbitrator might lix; that was
the agreement, subsisting then ?
A That, money was not given on account.
Q. I did not ask about (lie money ; the agree¬
ment, of February, 1873, between you and Mr. Or¬
ton was never revoked at that time, was it ?
Mr. Wheeler. — Is not that a question of law?
rott another paper, and ask you if this is >°
Im ml writing? A. The lirst sheet is.
endorsement. ? A. Yes, sit . yes, sir.
Q. Is that Mr. Orton s signal uic ? y
Q. .1. M. Phelps is the machinist of the \M.st 1Q01
era Union Company ? A. Yes, sir. ,
Q. And manufactures their instruments .
■’tz rsESt*-* w
A. No, sir; three complete sets. cmnplotc
Q. You mean by three sets,
"'*»• >» "»kl"s
Si'you .»..»« 10°:‘
when you got the order?
A. I intended it; yes, 8 r. py them.
Q. By tliem-not by yo« ! £ fo,, x nsk you
% Now that was dated Octoto nt the
dated 17th of Dec., 1874, and also the check, dated
10t.li of Dec. 1874; that is your endorsment ?
\A. Yes, sir.
■h, tlD imi Q. Then I ask you whether this Exhibit 22 is tlm
iw.juweceipt you gave to Mr. Orton Dee. 10th, 1874, for
UUtc4 u^4(l<er,,000? A. That is the receipt.
L.'(, Q- And you received from Mr. Orton the 85,000
A'
[Defendant’s eiumsel reads in evidence
! 0 paper marked Exhibit 22.]
Q, Now, tlie inventions spoken of there are the
inventions for which the pending applications were
in the Patent Office, including 09 and case U, what¬
ever there was there pending in the office?
„ t A. Yes, sir.
ovU^ZT..o.ix>-^Jiuaatijr Q. Now sir, on the 17th of Dec. there was this
lt_t th fvw*, it 'tiij ■ Lxcb paper, marked Exhibit 23. Did you solicit that
aj rvuctte^a-f' wcie^urder yourself from Mr. Orton 1 A. Yes, sir.
WhAiAsYw ctionflQOn q jVnd wrote it in your handwriting?
fo^ol. c-n> \ _ Yes sir.
ft1 6 '^'Q. For the purpose of getting work into your
„i101, i„ New Jersey ?
& ,TA4 A. That was one of the purposes.
(fcutuji ft Q- And that purpose was to get twenty circuits
lnning 011 Tnnilruplex? A. Yes, sir.
§u'f\j>uJ-Or™atfk< Q. Dy the Western Union ? A. Yes, sir.
y.0J/L Q- Not by you ? A. No.
' \J Q. Before these things were done under that
order, that order of Dec. 17tli you made the
acquaintance of Jay Gould, and the contract of
Jan. 4th was signed? A. Yes, sir.
100G ^ And then you quit this business? A. Yes.
The Court. — I do not want to interfere with the
conduct of the case, but I would like to know if
any other 85,000 was paid at that time, except this
85,000 to Mr. Edison i
Q. There was no other-85, 000 'paid to you by the
Western Union? A. Tlmt is all I got. t
d&Ovu f
"ti vnaA,
: 1 A-cxjCX
Q. But you got that? A. Yes.
Q. And at that time? A. Yes.
Q. And yon gave the receipt for it, and ffiire e
order Tor these instruments in connection
business. This 85,000 is all that you over got n<
them in money ! ,„vsent
A. I do not know of anymore ut tin j • u10-
niomcnt. , ^lu
- Q. And at that time it was not known
Western Union or to you, that a patent was
to be got for these pending applications (
A. Not positively known. . , ,
Q. It might be rejected ? A. It might .
Q. Now, look at this little document ,
your handwriting ? A. Yes, sir.
Q. That vou gave to Mr. Orton !
»>"■- o' . .
. . «*
A. More probably to Mr. 1 , wasBneii-
Q. Do you remember wl.at quadiupl^
tioned there i A. I think tin- Orton,
Q. Now, sir, was not the report to Hu ^
and the application to him to m
"'a la"“< L> .1« «» I-'1 **“
vou handed me the paper hist, _ ^ was nd.
'j£JZZ 5f SJ?. SH-S* **•**•"**'
I shoW^ou,?iina thb other one, these are both in 1009
your handwriting? A. Yes, su.
LFirst paper marked Exhibit 25, and
read in evidenced
A. Yes.
y/stx-A/j ujTni. &
ytfrjj.- &<UuJay
284
Q. This lins not your name to it, but it. is your
writing? A. Yes; sir.
Q, And was addressed to Mr. Orton ?
A. Yes, sir.
Q. About what time was this Exhibit 2a written —
was it about, the time this money was got ?
A. About that. time.
10.10
ows^xa.0. .tlwi cA/oacUc^Defendant’s counsel offers in evidence
8i,T-l (AwAtttY the second paper Marked Exhibit 201]
ih-hxy) ai »■ wtuojUfvrb [Mr. Wheeler objects on the ground
2. InwwJ Efwhu»tliat the paper is not signed by the
JfouJhtMAj parties, and is not. admissible tinder the
bi (um) ?xje3 vcrftiusre^i statute of frauds, and does not contain
fk (lift, hifi jvrdf) *W. W sufficiently the terms or the contract to
Oyvww eV trcu, *-i»L constitute a valid memorandum within
Mffw l sJvfslfKy'v statute, j ktt/^ Tmya, trfy l (,,27
.Sluv.lrtf''' • ft**™*—!* Of View in which we
, ™L‘r ", it is of no consequence, whether it would be
C'ttekaZ? n Mx*a valid sale or not ; we offer it as part of the res
f/eslae on the point, whether lie had any relation
Z/tijJa&v nuxSktf rvtWAC fl/UW’fe- i4j2o toa—
MjJTevo-' JoMrt> Q. “ We” means who?
Q&ToL $ UttxxJLdU ife ml‘l JIr- Prescott.
h^UAe UtaJk Kjl) Q- ^ou ,mmlu<1 fhLs paper to Mr. Orton ?
■ Ji0^f q. The patents referred to here are tlm patents
tlwt expected to be got; no patents existing
caito llt llle t',ne ! A. I think they were not existing.
Thesu referred to expected patents ? A. Yes.
K IO.W7^JPO,9- jVnd "’"s tho ‘I'lplex patent for which the up-
flft* b’ y“” ““ ™ <*•
3 () fbuA^i^oJ^O (Shepjp iuajQ. yhuofomAO
4 dOUjUA, <5 noAuvy-^'-. P^crfer.— W^object to thfitns on tli«gronml 7
10 u” i-r *
9k fcf- OAML^j txkxnsJr onuMjuv %aJca^sL fr^
T1
Mr. D/cfrerxon..—' This is by way of explanation.
[Objection overruled ; exception.]
Thu Court. — 1 do not understand that there is
any claim founded upon that as a contract. /
Mr. Wheeler.— There has been in the a|rccn!ont^-.^u/
and no doubt will be again in the summing up.
The Court. — Its effect will be determined here- *'
after.
Mr. Wheeler. — But our objection is that it is not
competent to enlarge its scope by the present evi-
[Objeution overruled ; exception.]
A. Yes.
Q. Before you made that proposition, you had
made another one in wi iting , had you not ?
A. Yes. * >.
Q. The Exhibit now marked No. 27? A. Yes, sir. Va-.T 0. Gv~if
witt^w cfodc &<c..l6<tllj. U
(Defendant’s counsel reads in evidence 101 ifcfc&c qJre^JTciSaJt,
paper dated Dec. 10, 1874.] 9 lthO>C fu^w tW^/ «MU.
Anvj, ‘-jhOwrtO Zoo*, ntofcjfe cX/Av/ii,
. Q. That was Mr. Prescott’s signature to that dvfth v ^k<aM_2 nvtl^ VtrJePCU.
Q. You and Prescott settled that offer, and
made it ? A. Yes.
Q. And then Exhibit 20, unsigned, and that wasj|^^
the amcndnient to tho first one , was it not?
Q. Adding to the first one this difference ? W
A. The first one was not, accepted.
Q. And then this amended one was put in? %jjo.
A. These were feel ore, tofind out what he would
accept. 1°1G
Q. The firet one was Exhibit 27 ? A. Yes.
Q. Mr.' Orton did not accept that, and then you
put the other offer in, to see what he would accept ? ' j
- - r" m
Q. Have you got Hint lotter of acceptance fron
Mr. Orton to you 2 A. No, sir.
Q. Have you made any smirch for it?
A. I forgot it.
Q. Do you know where it is 2
A. Perhaps I can (hid it among my papers.
1010 Q. You did receive it 2 A. I did.
Q. Do you remember the date 2 A. No, sir.
Q. Do you remember it was the 20tli or January i
A. Some time in January.
Q. Was it this proposition in two parts [Exhibit
20] made on the !!t st day of December, 1874 — the
Q. With reference to the letter <>r December lOtli
you stated it was not accepted by Mr. Orton. Was
it declined 2
1017 ■ It was neither declined' nor accepted.
Q. You heard nothing from him about it 2
A. Not until after.
Q. Not until you had addressed to him a new
proposition 2
A. Do you refer to the lirst proposition 2
Q. Yes ; you stated the first proposition was not
accepted 2
A. Immediately after ho said he would not ac¬
cept the proposition 1
Q. lie would not accept the proposition ; was
that verbal 2 A. Yes'.
Q. Immediately afterwards! A. Within a dnv,
perhaps. - .
Q. It was after that that you addressed the other
one? A. Yes, sir.
Q. Did not Mr. Orton when he declined that, ask
you to give him some other proposition 2
tldnkhedR ,,0t like tOS"’eUr fiat he did, but I
Mr. Dicl.-t-r.wn. — Now, 1 have here a lar
amount or Mr. Edison's orders for the other instr
"“■'its in the other patents, besides 0!). The modi
were made for them all. It will shorten the matti
perhaps, to have an admission that all the oth
patents under this list, from 04 to 112, were these
ject of development by experiments in the Wesle
Union Ollice; that the models were made for tin
nil in the Western Union Factory, and that tin
were sent to Washington at the expense or t
Western Union Company, or Mr. Prescott, and a
at the expense of Mr, Edison.
The Court. — So far as that ground is conccrnci
the question might lie pill in a general form, wit]
out going into details.
Q. Were not the inventions which are describe
in these applications, No. 04 to 100 and 111, 11
and 113, the subject of experiments and construi
thin of details and models in the Western Unio
Kstublishnient, during the period from May or Jam
1874, to tlie time when you left that place ?
A. Ex pert men Is were condhelcd on most all r
the applications numbered, as you say, in the West
era Union Electrician's Oflicc, and at. whose expons
I do not know.
Q. And under your superintendence? A. Yes.
Q. Not. at. your expense? A. Not at. my ex
pease.
Q. And all these applications had models witl
thoin at Washington 2 A. Yes.
Q. And these models were made in the Weston
Union Company’s workshop 2
A. I believe tliov were all.
Ibs&ksr:
Q. And sent to Washington— not nt your ox.
pause? A. No.
Q. At the Western Union Company's expense, or
Prescott’s, as the ease might.be ;
A. Or Mr. Prescott’s— I don’t know which.
Q. Now, sir, there is a sum of money mentioned
1022 in your agreement, with Mr. Present t, $1,12(5, 1
think it is ? A. Yes, sir.
Q. That .money was paid by you, or somebody on
your behalf, for the applications and models and
the like, in the eases lettered from A to 11 ?
A. Yes, sir.
Q. That is wlmt Mint money refers to?
A. Yes, sir.
Q. Will you look at. the letter-press copy of a
Au« »<c/f ^M.&4W5k>tter dated' .lauuary 111th, 1875, signed by William
fk .kc&A.'Ch/iL i Orton, and read it. Do you remember that?
jf hZ. CU <W| A. I remember that. (The letter is on page 34 of
M^Jklt/f'^M^'the Omnibus bill.)
Itt/W Q- »o you remember, after seeing that letter,
iL.A a. 'l about the date of your reception of it. you re-
r^.'^.eeived the letter of which this is a letter-press
Wwa. hd about tl
lUr*. cyzu «. ,A' Yes, sir. (The copy was taken subject to its
httnUndiA f'MsiC.lkLUj being corrected by the production of the original.)
bf aMzfUu $*<fHJtuXjdLiQ- Now, referring to that, can you lix the date
/Jut/f <fe-vwvw. iLra^i when you received tile original. It. is dated on the
£Wlc<r>i>w} U/AceoJubh of January, 1875?
iWuiu, VmUsuZC 7 A- About the 20th of January, 187(5.
Q. That was before you wrote your lottcr, Jan¬
uary 20th, 1870, which is the letter of rescision, re-
1024 scinding your eon tract with Mr. Orton. [Referring
to Exhibit I.] A. Yes, sir.
Q. You said in your direct examination that Mr.
Eckert, Mr. Chandler, and Mr. Brown came over
to Newark, to your shop,, and did see when they
were there, raise 00, and saw it operate.
A. Yes, sir.
Q. Mr. Eckert, ut that time, was the Superintend¬
ent of the Eastern Division of the Western Union
Telegraph Company. A. Yes, sir. .
Q. And continued to be so until some time in
January, 187(5, did he not? A. Yes, sir.
Q. And as such ho had the superintendence of
the line to Boston, and also to Buffalo from New
York?
A. To Boston ; l am not sure about Buffalo.
Q. But certainly to Boston? A. Yes, sir. 1025
Q. When you were putting up vour qundruplex
to Boston, it was under his superintendence, or in
the division that lie superintended? A. Yes, sir.
Q. You communicated with him in regard to the
business there, did you not ?
A. Some of the details — yes, sir.
Q. Yon had to got Ins co-operation ; he gave the
orders? A. To some extent.
Q. The orders came through him ?
A. Not altogether.
Q. To some extent? A.. Some. '
Q. lie knew all the progress of the work that was
going on? A. I am not sure of that. - 1020
Q. Did Mr. Eckert come to your shop in Newark
more than once, and look at this qundruplex oper-
tion? A. Yes,- sir.
Q. When again after the time you have men¬
tioned in your direct examination ?
A. Tn the early part of 1874, I think.
Q. Did he come in the month of December, 1874 ?
A. I think lie did.
Q. About the middle or the 20th of December?
A. I couldn’t say ; it was sometime in December;
was near that date.
Q. It was some time after $5,000 was' paid to 1027
you ? A. Yes, sir ; I think so.
‘ Q. Who came with him ?
A. Jay Gould and Albert B. Chandler.
Q. Did they introduce Jay Gould to yon then ?
A. Yes,' sir.
• Q. Who is Albert B. Chandler?
A. I don’t know what his position wns in the
Western Union Telegraph Company j I believe he
is secretary of the Atliintic nml Pacific Telegraph
Company.
Q. At tlmt time ho was an officer in I lie Western
Union Telegraph Company ? Yes. sir.
Q. Jle is now secretary of tile Atlantic ami Paci¬
fic Telegraph Company ! A. 1 believe so.
1028 Q. And Mr. Eckert is now president of -the
Atlantic and Pacific Telegraph Company ?
Q. Did yon talk about it? A. Yes, sir.
r Q. In this letter of yours to Mr. Orton, of Jan-
nary 20th, 1 870, attempting to rescind your agree¬
ment with him you say, •‘lam now advised tlmt
tlie claims of Mr. George Darlington under a prior -
contract and irrevocable power of attorney, of
which you are aware, anil which are still in full
force and effect, will prevent a valid transferor any
K) such title, either to you or other parties who
advised you that those claims of Harrington pre¬
vented you performing your contract with the
Western Union Telegraph Company ? •
y. You want to know them all ?
Q. Yes, sir ?
A. George Harrington ; .1. C. Iteilf, secretary of
the Automatic Telegraph Company; It. W. Has¬
sell ; and I think, Mr. Lntiohe.
I am notsure, however, about Mr. La frolic; there
were a great many other people who l cannot re¬
member now.
Q. Jay Gould for one? '
l( A. I don’ t know whether lie did or not.
Q. Mr. Eckert for one ?
A. I am not sure about that.
Q. Don’t you remember any tiling about it ?
A. Well, they all— everybody talked about it.
Q. Everybody— Jay Gould ?
A. I don’t say certainly tlui the did.
on JanSS SOth"’^^1' y V^'^aper was dated
ary 4th, 1873 • tlmt is von°U ''I'1 J lm deefl on Jnnu-
fhat date to Mr. Jay Go ld tl‘afnasiS11"‘ont on
Q. somewhere between the tin.,. J '
- proposition and the da y voii dht t ! Save that
advised von as von,,.. tle(lee(1> someone
they not ? A. Ves ' J" t,lis '"tor, W
Q. Those days wore verv few ,i
A. Yes, sir. ‘ ’ "el° llley not ?
Q. Short metre, then ? A. Yes sir
A fa’mm,1"""3 "" t0"’ "as it; ■
ws,
b*“”' »«i ,«
JC,0nij,lj'conii>imy! ” Wlrtl tf,e Wes^m Uiiwii
no 1,'slit ,o , ,T,S“ V,J,
A. les, sir ; before December.
got i.etweenSthe' day “?r,“ 5’°" 1033
tion to tile Western* ii, • m , nt ,llml proposi-
and the day when 1 JeI«S‘apli Company,' .
January 24fch l87o^ (^ee^
advised by somebody ? a!' Y^'sir.1""6 J™U wei*
o n lr, 1111 " 1,1 K«i/r.
J&3s5»«*»a
1034 A jnn,„ . T
r\ v ' ' *u- ; 1 Hunk In.* \vns in Bahitm...
SJ f';1!1 (Vf f in HBlHmon, ; vU
woiv not hi Bultimoi-o? a. Ato sir"
’SaMssstp**--
who advised von f Ii'itVnn i 111 t,mfc .jwrim
deed of Jium-uy do tin.
Q. Who wasTl'iiiM °'\-V,?r 1,ewnn
Q. Yes, sir. ' A> I!t‘f"',,,!l1 those dales i
£/': 'ILi'US'r;'; ***»
ion and from his s„„ ^ “ li! “''8 r,om i'n'Hng-
^TOH^Sy!!0nn,i,!tea^ wiH"'^Hmai£
Q. Before Che time when v<... i
propositions to Mr. Orfc n > *' • ,,,,u^e ^,oso two
)36 A‘ ^es’ s"'’ ,,nd poi-lmpa after that.
The Court Before December ,0th, ] 874 »
A. Yes, sir.
])eHod‘th,it "rehave blo”°S i,,,t Wr.'Belir in the
you to make that deed to ./ay GoalS Who“arh«l
A. It was a matterof talknfthuotHce 0f theAuto-
atic Telegraph Company, and there were several
mtlonieu in there, generally ; perhaps they all ad-
sednie, hut I could not specify any particular
uitleman ; the aggregate advice wns that I lmd no
gilts to convoy.
Q. To the Western Union Telegraph Company 1
A. Yes, sir.
Q. And you did have a right to convey some- It
ing to Jay Gould ?
A. I had a right to wliat I owned, whatever that
A. §30,(100 given to me for what interest I owned
that patent, whatever it was ; I don’t know what
owned, so many people tried to make, me believe
didn’t own anything at that time.
Q. $30,000 was paid for wliat you did have?
A. Yes, sir, for what I owned, with full knowl-
Igeof the claims of other parties. ,q,
Q. Of the Western Union Telegraph Company ?
A. Of everybody.
Q. Fall knowledge of Jay Gould 1 A. Yes, sir.
Q. You showed him a copy of the receipt for
mt $3,000 i A. Yes, sir.
Q. And your agreement with the Western Union
;legrapli Company, and the Prescott agreement?
A. Yes, sir ; I believe I did.
Q. And told him about your relations with the
restcrn Union Telegraph Company ? A Yes, sir.
Q. The whole story ? A. Yes, sir.
Q- And when lie knew it all he gave you the
10,000 to take whatever interest you had left ?
A. Yes, sir. 10?
Q. At that time Gould was a director of the At- %
a tic and Pacific Telegraph Company ?
A. I think lie was.
Q. And is now? A. I believe so.
Q. The transaction wns done at Mr. Gould’s
>use on Fifth avenue, was it not?
Q. Wliat transaction ?
n
Q. And you were taken up Jo do it by Mr. Eck¬
ert- superintendent of tile Western Union Tele¬
graph Company ? A. Yes, sir.
Q. Mr. Eckert went into Mr. Gould’s house with
you? A. Yes, sir.
10-JO Q. Was it by previous arrangement with Mr.
Eckert that you wont that day?
Q. Who assisted in making the negotiations be¬
tween you and Mr. Gould? A. General Eckert.
Q. Cun you tell about when that negotiation be¬
gan ? A. Some time in December.
Q. You were asked by brother Hassell whether
you considered this duplex telegraph a fast system,
to which you made an answer. Read the paper I
now hand you to refresh your memory.
Dn the 4th of April, 1871, and before that time
it the words, “Automatic or fast telegraphy
technical meaning, understood in the art.”
Mr. Dickerson. — I will, read the testimony from
the minutes: “Do you consider the quadruples
“ system of telegraphy to be a. fast system ? A. In •
“ what sense i Q. In any sense— the popular sense
“ —do you consider it to bu a. last system ? A. You
1042 ” can ouf ,;'le business olf faster on the duplex wire
“ than you could on the single Morse wire. In that
“ sense I consider it faster. Q. Faster than Morse ?
“A. Yes, sir. Q. How much faster than Morse?
“ A. You can get the business olf faster.”
Mr. Wheeler.— I do not object to that. I only
object to it so far as it refers to new matter. That
opens an entirely new branch of testimony, and it
is one that ought to be carefully considered and
limited. Suppose they ask this witness this ques-1043
tion, and be testilies on the subject, and we intro¬
duce no additional testimony in reference thereto ;
that is, in the technical sense ; I do not speak of
the popular sense. That would not be proper, ex¬
cepting ns showing the nature of this invention in
that sense. Might it not be considered by your
Honor that we exhausted our testimony on that
subject before resting; and yet it was expressly
stated in our opening that we did not propose
to go into it ; not considering it material to
do so. . To enable them to put in any evidence
on that subject ; ill other words, to enable them to
give a special meaning to a particular word in this1044
contract : it is necessary for them to show that they
had a well settled meaning among scientific men at
that time, which was different from its usual sense.
We had not offered any testimony on that subject.
AVe ask this witness in what sense, practically, he
considered it a fastsystem.. He said that you could
get the business faster on the wires. That has been
proved by the expert whom we first called. It is
not denied. We claim that it is sufficient for us to
show it to be a fast system, to prove that you can
get more business off one wire than you could un¬
der tile previous Morse system.
The Court. — You asked him the broad question 1045
if it is a fast system of telegraphy ; I think if the
other side are not satisfied with the answer to that *
question they have a right to cross-examine him in¬
regard to it, and get just as full, as explicit, and as
detailed an answer as they desire.
Mr. JVlieeler. — Allow mo to rend the question :
J >0 you consider the qinidrnplex system of t(
gmpliy a fast system ?” Anil the witness as]
“In wlmt sense?” Mr. Bussell says: “In a
sense ; the popular sonso.”
The Court. — I suppose lie left out the words “
any sense and the witness said in one sense
16 considered it fast.
Mr. Wheel or. — That is just what he did say.
The Court.— Was not the other side a right to e
quire whether lie considered it fast in some nth
Mr. Wheeler.— I do not object to that ; it is n
a ci s \ n n tion i to wlmt he considers it.
The Court.— I do not entertain any doubt of tl
point whatever. I do not think it is tenable.
Exception tnken'by Air. Wheeler.
‘ A. “Automatic” did.
Q. Was not the word “fast” ^telegraphy in 187
in the art ?
A. I think the word was applied liv I). Il.Cmia
and persistently kept before the public.
The Court. You amend your former questioi
by omitting the word “automatic”'
Q. The word “ fast ”, was invented by—
A. [Interrupting] As applied to automatic tele¬
graphy, was lnvuntudjund applied by D. II. Ciaitr
and persistently kept before the public
Q. Applied to what? A. Automatic telegraphy.
tle .wor<1 “last,” as invented and ap¬
plied and persistently kept before the public, con¬
veyed the ulen of automatic telegraphy ?
. A. Jn contradistinction to Morse.
Q. In contradistinction to electro-magnetic tele¬
graphy?
A. I won’t say that ; there was a Wheatstone
< t i to that was magnetic.
. A< 1 »ni not speaking of what was. Iam speak¬
ing now of the sense of the word automatic, ns used
m the electric science in this country at that time 10‘
" hen you spoke of an automatic telegraph you
meant chemical automatic, did you not? The auto¬
matic telegraph Company, for instance, meant the
chemical automatic telegraph ? A. Yes, sir.
Objected to as referring to automatic,
upon which the Court had already ruled.
TheCourl—l stated that the term was not in¬
cluded in the question which was addressed to the
witness on the direct examination, and, therefore,
r desired, before ruling upon Air. Dickerson’s ques¬
tion, that he should exclude that word from it,
which lie did by amending his question ; it subse- 105
Ci,me ollf in answer to that question that
fast and “automatic” meant the same thin a •
the person who first used the word in application’
to telegraphy at all, and applied it persistently to
automatic telegraphy.
Mr. Wheeler— That is a wrong view of it,. if
your honor. please. The questions are put witli
so much art that they fail to convey the correct
idea of the witness. *
• The Court.— The general impression I received
from the witness was that it meant, in the mind of
its inventor, and to’ a certain extent afterwards in
the minds of other persons first in these matters, 1051
nuto^mtic,, tolegmphy.
Mr Wheeler— Mr. Craig was not the inventor at
all of automatic telegraphy. He was the man who
lint it before the. public.
The Court. — The witness did nut say so. Ho said f
hat he first applied the word “fast” lo tele- J
[rupliy as eonneeted with automatic telegraphy, (|
’o distinguish it from the Morse system. |
Q. Omig was the mail who lirst got up in - this |
lountry tlie Bain telegraph, was he not the man |
vho invented the word “fast” t |
A. Not the first automatic ; no, sir. |
Q. Was lie not the lirst man who set it up in f|
his country ' A. There wore several automatics. s!
Q. In this country ? A. Ves, sir. |
Q. Over wluib line ? A. I don't know whether
hey were tried on wiles. |
Q. I mean set up a line. I don’t speak of what j|
existed in the minds of men. Uniig was the- lirst
[lerson who put up a working line on tile Bain sys- |
em in this country ? A. The automatic ?
Q. The Bain automatic? A. I don’t know that. |
Q. Well, lie did' put up a line on that system ? J
A. The National Compauy put up a line. !|
Q. Mr. Craig was the promoter of the line in con- ; i
nection with some company? ;|
A. I think lie was one of the main instruments • i|
that got it built. I*
Q. That was the chemical telegraph of Bain !
A. Yes, sir.
Q. Commonly called tlie automatic telegmpli ?
A. Yes, sir. ■ i
Q. And lie applied to it, as an alternative de¬
scription, the word “fast”?
A. In contradistinction to Morse ; it was limited ;
Q. So that tlie Bain telegraph was known as the |
automatic or fast telegraph ? A. Yes, sir. t.
Q. And that was tlie sense it ivould convey to you |
as an electrician in 1870-1871, -if some person i-hould |
send you an order to your shop, “Build mo four |
sets of instruments for an automatic or fast tele- ||
graph 1 A. Yes, sir. If
Q. You would build him a Bain telegraph under 11
that order? A. That ora Wheatstone. II
Q. You would build him that in 1870-
’71 it you had received an order, "Mr. Jicli-
xori. — Duau Sin: Construct for me four sets
sets of instruments to lie worked on an automatic
or fast telegraph between New York' and Boston,”
would you not have made the Bain instruments?
A. I think I should have inquired what particu¬
lar instruments lie wanted.
Q. Suppose he had said a. Little automatic or fast
system, what would you have done ?
A. ir lie specilied tlie particular automatic he
wanted it built for I would have built it.
Q. Suppose you got this order : Mako up for me
four sets of instruments to be used on a Little auto¬
matic or fast telegraph ? .
A. I would simply have made a copy of four in¬
struments ; Ceorge Little’s patent.
Q. Those would not be a telegraph at all ?
A. Not much of a telegraph.
Q. You would have had only Little’s append¬
ages ?
A. Yes, sir ; something to reduce the speed of
(lie wire. ,
Q. Suppose you had been directed to make up a
complete set of instillments for a Little or auto¬
matic or fast telegraph, to be put up between New
York and Boston, wliat would you have made ?
A. I should have used chemical instruments.
Q. You would have understood that that is wliat
the order meant. A. Yes, sir.
Q. This agreement which I have showed you was
an agreement of that kind somewhat, was it not;
the agreement between you and Craig ?
A. Yes, sir. •
Q. You said in your direct examination that
Harrington knew of your agreement with Prescott?
A. Yes, sir.
Q. And that you didn’t ask his consent?
A. Yes, sir.
Q. Did he object to it ?
A. Not in ii way tlmt would be an objection ; be
said I ought not to do it.
Q. He advised you not to do it? A. Yes, sir.
Q. lie didn’ t object because it infringed any of
your rights ? A. No.
Q. Then, when this machine had got operating
1058 in December nnd January, 1874-5, Harrington ap¬
peared to make some claim ?
A. Yes, sir; because it had turned from a duplex
into a quadrnplex.
Q. Did Harrington call upon you tor any part of
that §80,000 you got?
A. No, sir.
Q. You were aslced whether you had your part¬
nership contract before you at the time when you
made your contract with Prescott, and you said
you hndn’ t ; did you have a counterpart of that at
all in your possession ?
A. I don’t think I ever had a copy of it.
1059 q you heard Mr. D’Infreville testify here the.
other day? A. I didn’t hear him. .
Q. You were in court ?
A. Yes, sir.
Q. He put into a telegraph made according to
9!) ; that is he took the drawing of 99, and put on
to one end of it the Bain chemical receiver and took
the signal at the bug trap ? A. Yes, sir.
Q. And put on a Bain punched paper transmit¬
ter to operate the key at the other end and then he
had an operating telegraph ? A. Yes, sir.
Q. Would the combination I have thus stated
1000 successfully and economically develop into practi¬
cal use tlio Little or other system of automatic or
fast system of telegraphy?
A. I could make it operato.
Q. I ask you whether you could successfully and
economically develop into use the Little or other
system of automatic or fast system of telegraphy ?
A. I don’t know anything about that ; I know I
could make it work.
Q. I ask you the question now, whether it would
economically develop the automatic system— put¬
ting those things into it ?
A. I don’t know whether it would or not.
Q. You have no opinion on that subject ?
A. No, sir.
Q. Look at Exhibit P, now shown you, and say
whether you didn’ t invent that tiling ? 1
A. These things ?
Q. That combination ?
A. There is a number of combinations.
Q. Well, the whole of them ? A. Yes, sir.
Q. When did you make it?
A. I couldn’t tell within two years.
•)Q. Somewhere within two years?
^ Somewhere; I don’t know what time; I
couldn’t give any idea ; I had forgotten all about it.
The Court. — It is so vague and indefinite in his
mind that he cannot fix the time within a period of ^
Q. This was since 99 ?
A. I had forgotten that I had ever made them;
therefore how can I tell what date.
'lhe Court. — During that period of two years did
A. I should think it was after 99, judging from
the state of the art shown there.
. Q. Have you applied for a patent for them ?
A. I don’t know that ; perhaps I have.
Q. That thing shown there is not an electro-mag- ] 0G3
netic telegraph at all ; is it ? A. No, sir.
Q. It is a decomposing chemical telegraph ?
A. A chemical telegraph.
Q. You said that the principle of your invention
99 was applied to the automatic telegraph ?
A. Yes, sir.
Q. That drawing is the sort of thing that you
302
Q. Anil the principle you wow talking
til ore whs the nseof reversed currentshnd increased
0UA°Yes, sir; to transmit the two messages.
Q. That is wlnit yon meant by the principle of
the thing? A. Yes, sir.
1 004 Q. And not. the mechanism of case 99 ?
A No • that was the Morse application of the
principle; that is adherent mechanism.
O That was the Morse mechanism, and this is
the chemical application of the principle of using
those two tilings? A. Yes, sir.
Q You also said that you had thought of the
possibility of making this invention 1*1«>"
1809 ; what was the thing you thought of in lSb.l-
cnn you give us abetter definition than you have
"TI&ZL y».. « I «»M
succeed in sending the reversed currents through
1065 an ordinary magnet without moving that magnet, I
could send two messages over one wire in the same
direction at the same time ; and oft and on many
Years ago I have tried various devices to do that
tlii„»- but never accomplished it until 1S73 ; I
always have had that object in view ; and the ap¬
plication is made in the Gold and Stock ’? elegraph.
Q. They have the same thing?
A. Almost, without the devices.
Q They sending reversed currents without nc-
tnnting.tlie neutral relay until they wanted to ac-
1 nr.fi tUA6 Yes, sir. You sent one current to effect one
movement, and an opposite current to effect another
movement. In the same circuit is a common mag¬
net and a polarized magnet. That is the reason
wliv I can’ t give any date to this invention.
Q. Iaiu trying to get at what you hud
mind, and the size of your idea— it you could send
over a lino a reversed current and have m the same
circuit another instrument that would not be ni-
- fectedby the reversed current?
A. Yes, sir ; lint it, was many years before I
could get it.
Q. At tlie time you had that conception, you did
not know what lmd been done by Kramer and
Bossclia, did you ?
A. Not until 1870 or 1871-abont that time. I
saw the diagrams about that lime. lub(
Q. You thought of this before you saw them ?
A. Yes, sir.
Q. So that you were really an original inventor
of that idea, although it might have existed, and
you not know it ?
A. For what purpose?
Q. For using a reversed current and an increase
aiid decrease of current, do they not?
A. I don’t know it.
Q. Poes not- the Bossclia machine have a polar¬
ized relay and a neutral relay ?
A. Perhaps it does. 10GS
Q. And didn’t the polarized relay work by the
reversed current, and the neutral relay by the in¬
creased current?
A: I am not aware of it.
Q. Will you say that it does not.? Have you
studied it enough ?
A. I.lmve not looked into it.
Q. You have not looked into it enough to say
that ?
A. No ; my impression is that it is entirely dif¬
ferent, from the mere fact of keeping two instru¬
ments — one a common relay, and tlie other a polar¬
ized relay in the same circuit, and reverse the cur-10G9
rent to send one message, and increase it and de¬
crease it to send the other. I think Kramer and
Bossclia devices are materially different.
Q. They are materially different, certainly ?
A. They have not the principle .seen in Bossclia
or in Kramer.
Q. A principle like this ? A. Yes, sir.
Q. You mean the principle of an increased or
decreased current ?
A. Not particularly.
Q. Bo you remember, m the Kminor or Bosscha
instruments, that- there is one relay that responds
to reversals '(
Objected to as incompetent. ]
1070 , I
Mr. Dickerson.— It may not. lie any more compe¬
tent on tile cross-examination than it. was on (lie
direct examination. Yon lmvo undertaken to
prove by tliis witness that he had in liis mind, in
1800, the conception ot the possibility of making
a telegraph to work by a reversal and by an in¬
crease of current, co-operating on the line ; and lie ;
is giving us the size of his idea. I presume you ;
mean to argue something from that ; if you do not,
I have nothing more to say ; if you do, I propose
to show you that that idea was common and pub¬
lic property at that time, and that Mr. Edison’s in-
vention was a modification, and a very valuable and
important modification of the mechanisms and (he
details by which that, idea in Bossclia’s was an op- l
erative one, but not as rapid as it was carried out.
it— just its it is in operation down in the Western
Union Telegraph Company’s Office— dues that thing
cs f 11 nid economically develop into practi¬
cal use the Little or other system ot automatic or
fast system of telegraphy ?
A. If you confiuo it that way, of course not.
Q. You must invent something else to make it
applicable to automatic i
A. A man can invent a principle and the appli¬
cations of it — make the application. He lias two
things. In one case he can take his principle and
apply it to something else.
Q. Apply it to other inventions 1
A. Yes, sir; or by taking, something old — mak¬
ing an application to something already invented.
Q. Which might, or might not be, a patentable
thing to do. You said correctly, that the original
Morse was an automatic telegraph ?
A. Yes, sir.
Q. That instrument had what was called by
jror.se a port rule, which consisted in a moving bar
that couid be run with rapidity, armed with points
1073
1074
set in there like type? A. Yes, sir.
Q. The breadth of whoso face in the direction of
motion varied and separated from each other by
intervals or spaces 1 A. Yes, sir.
Q. And then one of the poles of the circuit mag¬
net touched the surface of this type t
A. Yes, sir.
Q.- So that the port rule or frame was run along
that pole, scraped over these faces, and made cir¬
cuit whenever the polo touched the type and made
spaces whenever the pole caino to the vacancies ;
and the length of those services determine whether 1075
the signals should be a dot or a dash ?
A. Yes, sir.
q. That was the system 1 A. Yes, sir.
Q. And at the other, end there was a register, so
called in which a strip of paper was run' ''out by ma¬
chinery, and these signals wore imprinted on that
Mr. Wheeler. — That might lie very valid on (lie
question of the patent.
The Court— The witness is- asked whether lie
was aware that the same conception not only exist¬
ed .but was practically wrought out and carried in¬
to effect by other people. I will take 'the answer.
Exception taken by Mr. Wheeler.
. A. I have not looked at it. I lost all confidence
lO'^in those duplexes and things’ described there.
The Court,.— Ho does not know anything about
it.
Q. Yon cannot say wlmt those tilings are?
A. No, sir.
Q Taking the invention of “ 00,” just ns it stands
in your patent, without adding to it or taking from
SlOfi
strip by tlm force <>t im electro-mngnot Mint pulled
flown n point’ that embossed the paper ?
q. And the whole together was an automatic to!-
<?SQ.1' Wnstiiat known in the art as automatic tele-
10 1 0 gi npb> ^ t know w)len the word was coined— the
Q You never licnm the' Morse system uunu -uu
automatic system of telegraphy? .
A. I think I have heard the expression used w HU-
in a week.
Q. I mean in 1870-1 ? .
The Court, — Did you prior to the invention or
the chemical process ? ' , „ ,
q In 1871 did you hear the Morse system called
10 “ an automatic system of telegraphy, or was it so
known 1 A. 1 don’t know that.
Q. The next step taken by Morse was to drop oil
I) t til tic the port rule ?
A. Half of it, .
Q. The automatic port rule? A. Yes, sir.
Q And to substitute therefor a linger key, such
as .is now used, called the Morse Key? A. Yes, sir.
Q. Then the thing became a manual telegraph
with an automatic receiver ? A. Yes, sir.
Q. And it was ‘in both cases an electro-magnetic
telegraph ? A. He had a chemical telegraph.
1078 Q. I speak of the Morse telegraph ? A. The one
generally used ? . . , ,
Q. Yes, sir? A. An electro-magnetic telegraph.
Q. That which is known as the Morso system is
an electro-magnetic telegraph ? A. Yes, sir.
Q. And its speed is limited by the fact that it is
electro-magnetic? . ...
' A. It is limited in comparison with the chemical
decomposition.
807
Q. Its speed is absolutely limited liy that fact at
some points ? A. There is no limit to it. ,
Q. So for as it is developed ? A. Yes, sir.
Q. You think in the future there may he some¬
thing? A. Yes, sir.
Q. So far as known its speed is absolutely limit¬
ed by the fact that it is an electro-magnetic tele¬
graph ? A. Yes, sir ; in comparison with the 1079
chemical.
Q. Tlie next . step was to cut-off the other end—
tlio automatic receiver 2 A. Yes, sir.
Q, And substitute a sounder in its place ?
A. Yes, sir.
Q. Then the thing became a telephone. A. Yes,
sir.
' Q. They call it a telegraph, lint it is.a telephone ?
A. Yes, sir.
Q. Then it is the Morse telephone? A. Yes, sir-
Q. And it is also electro-magnetic ? A. Yes, sir. •
Q. Its speed is also limited by the capacity of
the ear to read it ? 1080
A. No, of the opera tors to put it down.
Q. Or the ear to read it ?
A. The ear can read 75 or 80 words a minute ; a
man can write 45 or 50.
Q. Forty-five or fifty is the capacity of the
sounder 2 A. Yes, sir.
Q. If you could find a fast sender, then you
would run against the limit of the ear?
A. The ear can keep on longer than the hand.
Q. You would finally run against the limit of the
A. Yes, sir ; amt then you would run against the
limit of the electro-magnet ? A. Yes, sir.
Q. So those are all fences in that system that
fetch you rip somewhere ? A. Yes, sir. 1081
Q. All of them this side of the fast system or
automatic system ? A. Yes, sir.
Q. Then to go back n little, the chemical system
of telegraphy was invented perhaps, in 1810 ?
A. Perhaps it might be. '
A. Yes, sir.
Q. That .system w
decomposing wn for
s :i decomposing system either
r decomposing salts ?
Q. That system >vns this : The passing of an cl-
1 08i2 eetrio or galvanic current through acidulated water,
which will decompose it, throwing the oxygeii on
one pole, and letting the hydrogen out into* the air;
and that hydrogen, coining out makes a bubble
which an observer can see < A. Yes, sir.
Q. Now, having a vessel with two circuits pas-
sing through them wi'tli the current h brought into
the water you have two receivers (lint will commu¬
nicate signals if at the other end of the line'tlie cir¬
cuit is made and broken ? A. Yes, sir. •
Q. And the system of 1810, had those hvo re¬
ceivers, and an increased strength and a diminished
1083 tbi.* hunt
A. I was under the impression that he employed
a wire for each letter of the alphabet.
Q. The Cox. system or 1811, had two ;
A. 1 don’t remember that.
Q. Beginning it was to have one wire to eneh
letter; now take that system, the sounder ut one
end closed the circuit at letter A, and u bubble would
burst out of the water of A 2 A. Yes, sir.
Q. And the receiver would know that A was
sent? A. Yes, sir.
n °thoi' let ters ? A. Yes, sir.
Q. Then, if there were combined in it two vessels
1 084 nnd an increased current were sent, by combining
these you got up the system of arbitrary signals
that you could work the alphabet through ? '
A. If that was the way he did, you could.
A ' Yw'sir*0 Morse Alphabet In tlint respect?
-aSSssas-- "•“mp™,ns
A. The next system. '
n;u '“‘xt in ort1e*’ .time, but the B«
fJMtm l A. Yes, sir.
■2: 1 ,,sed decomposing system to mark
a c,0/ P:ll,L;l;,,11) nc,e of “"owing bubbles out ,
•water ? A. Yes, sir.
Q. That was called automatic or fast ?
A. Uio Bain system,. .
von'ean'nowT H®n,*’s invention of win
* Q ,,,, . 1 sT°°i ? A- The electro-magnet.
Q. I ho electro-magnetic spool; Hint made electrc
magnetic telegraphy a possibility ? A. Yes sir
1 ™ «■ “wi.i
• . New York, May 1st, 1877.
Mr, Wheeler nqw.offerud in evidence Exhibits C
ami I), of which copies 'lire annexed lo Ihu com-
plii.ii.it. Tin* certificates or proof are as follows :
. . Exhibit C.
'lOStl Statu ok Mau'yi..\ni>, ) . ...
Vilu »f Halt hum,-, i ,0 " ,f :
IJe it remembered that at the city of Baltimore,
aforesaid, on the 23rd of April, 1877, before me,
(; . . K. Snngsron, a notary pulilic of the State or
Maryland, resident. in the rity or Baltimore, and
and duly appointed and qnalilied, personally ap¬
peared, Daniel Dorsey, one ol the stihscrihing wit-
aessrs to the foregoing instrument, with whom I
a n per onnlly acquainted, who. being hy me dulv
sworn, did depose and say that he resides in the
rity or Baltimore, aforesaid ; that he knows George
ll.ST^1111'11"*™1’ f*l(! imlividunl deserihed in, and who,
as well for himseir as the duly constituted attorney
of Thomas A . Edison, executed the foregoing instru¬
ments, that. the said George Harrington executed
the said instruments in his presence, and there¬
upon, he, the said Daniel Dorsey, snbscrihed his
name as a witness thereto.
In testimony whereof, I have here¬
unto set my hand, ailixed my official seal
[i,. s.] at Baltimore city, aforesaid, the day and
year first above written.
G. E. SANGSTON,
1088 • Notary Public.
Cl.KlIK’s OKFICK, SOPKItlOK ColtltT OP BaLTIMOKK
, City. '
Baltimore, April 25th, 1877.
Statu rf Maryland; Baltimore city, set.:
.1 hereby certify that G. E. Siingston, Esq., be- ;
fore whom the proof of execution of the foregoing .
instrument was made, and by whom the annexed ■
certificate of proof was made, and who has thereto
subscribed his name was, at the time said proof was
ir cl ?nd, c01'tl,icate given, a 'notary public of
the a fate of Maryland, in and for the city of Balti¬
more, duly commissioned and sworn, and duly au¬
thorized to take the said proof and make said cer¬
tificate,- and that to all acts done by him in that ca-1089
pneity, full faith and credit are due and ought to be
given, and that his signature to the said certificate
of proof is genuine.
In testimony whereof, I hereto set my
hand and nflix the seal of 'the Superior
Court of Baltimore city, this 25tli day of
April, a, n., 1877.
GEORGE ROBINSON,
Clerk of the Superior Court
of Baltimore city. iQOO
Exhibit D.
Distkict op Columbia, )
City of Washington. f ss-. :
Be it remembered, that at the city of Washington
afoiesaid, on the 24th day of April, 1877, before me
M M. Rolirer, a notary public of the district afore¬
said, resident m the said city of Washington, and
duly appointed and qunhfied, personally appeared 1091
Seaton Monroe one of the subscribing witnesses to .
the foregoing instrument, with whom I am person¬
ally acquainted, who being by me duly sworn de-
poses and says, that he resides in the city of Wash¬
ington, aforesaid, that lie knows George Harring¬
ton the individual described in and who-as well for
himself ns the duly constituted attorney of Thomas
^regoing instrument, that
tlie said Geoige Harrington executed the said instru-
•812
. ment in liis presence, and thereupon lie, the said
Seaton Monroe, snbscribecl his name nan witness
thereto.
In testimony whereof, I have hereunto
set my hand and aliixed oflieinl seal at
1092 *-1'- Tasllineton> ilfol'eSili<1) tl»o day and year
' ' " first above written.
M.M.ROIIRER,
Notary Public.
Ci.uiik’s "Oekiou ok Tire Sm>iy-:«K Court ok tiik
District of Coi.ij.mhia.
District of Columbia, ss. :
I, R. J. Meigs, clerk of the said Court, do hereby
certify that M. M. Rohror, Esq., whose name is
1093sll','scl ''je^ t0 the certilicato of the proof 'or acknowl¬
edgment of tile annexed instrument and thereon
written, was at the time of taking such proof or ac¬
knowledgment, a notary public in and for the said
district, dwelling therein, commissioned, sworn and
duly authorized to take the same.
And further, that I am well acquainted with the
hand writing of said .M. Rohror, and verily believe
that the signature to the said certificate or proof of
: acknowledgment is genuine, and the said instru¬
ment is, executed and acknowledged according
■ to the laws of this District.
; ,109-1 In testimony whereof, I have hereunto
set my name and affixed the seal of said
Court, this 24th day of .April, -a. d. 1877.
R. J. MEIGS,
• . Clerk.
, By M. A. .Clancy,
Assistant Clerk.
Defendants counsel objects to the nd-
• mission of the instruments iii evidence,
upon the certificates whicli have: been
read. There is no objection taken to
the form of the certificates.
The Court after argument received the
exhibits in evidence ; defendants except-
Q. Mr. Edison, have you searched for the letter of
Mr. Orton, accepting your proposition, that was •
referred to yesterday, and of which you were shown
a press copy ? A. Yes, sir.
Q. Can you iind it '{ A. No, sir.
Mr. Dickerson,— We shall ask to have the letter 1096
which he identified as the copy rend.
Q. You said this was a copy of the letter, that
[Letter printed on page 18, of the an¬
swer of the Western Union Telegraph
■ Company marked Exhibit E, and put in
evidence.]
■Q’ *f°'v> Mr- Edison, was your agreement of the
10th of August, 1878, with Mr. Prescott, known to
•and approved of by the Western Union Company?
A. Yes, sir.
Q. It is said in the complaint, that the assign¬
ment by Harrington to Jay Gould, which is said in
the complaint to have been made on or about tile
1st of January, 1870, was ratified nnd approved by
.you. I wish to ask you now, when that paper was
executed, , the assignment from Harrington to Jav
Gould ? . . /
A. I cannot say positively.
Q. Within limits, about what time? Your as¬
signment of your agreement with Jay Gould wns
on tlio 4t1i tiny of January. Now in reference to
that time, ami liowlong after or before that timo d
(if it was after or before), was this Harrington |
paper done ?
A. I cannot say, because I don’t know.
Q. You don’t know when it was? !
1098 A. No ; I was not there when it was executed. i
Q. But have you any other means of knowing i
when it was executed besides being present— wore I
you told by Harrington or Gould about it i
Mr. Wheeler. — We object; their declarations ;
would not l)o evidence against us. Neither Gould
nor Harrington is a party to this suit. Tliede- j
clnrntion of an nssignor is not. evidencu as against ]
the assignee.
Q. Hiive you any means of knowing wliutiier it
was executed before or after your agreement of the |
logo 4th ot January i
A. I have- raison to believe it was executed after- j|
Mr. Wheeler moved to strike out the ' =]
answer as not responsive.
Q. Now tell us what the facts are upon which
you say you have reason to believe that V
Mr . Wheeler. — I ask the court to instruct the -1
witness not to state what ho was toldby others, '
but what he knows himsolf. SI
1190 j \£r x.omretj. — It is very diflicult to maku a diff¬
erence always. It may bo that the answer may not
prove to be such as should be received, but I think
that a fair opportunity should bo givon us to get at Si
tlio fact which we have tried to got at by calling
the subscribing witness. I think we are entitled to |
liberalty in getting at the fact which otherwise is |
loft in doubt.
Mr. .Diehemon.—Yem- Honor observes that the
cnnlructof Edison, executed on. the 4th of -Janu¬
ary, was recorded the next day. That which pur¬
ports to have been executed on the first of January,
did not go to Washington tor record until March
81, after the decision ot the Commissioner ot Pat¬
ents on the question ot title. And our hypothesis
is (and we have every reason to believe it to be true) 1 101
that this paper was an afterthought, put in to forti¬
fy a defective title. And they allege in their com¬
plaint that this gentleman, whoso deed of the 4th
of January had been executed, ratified the agree¬
ment at or nbout the 1st of .lanunry. "And it may
he material whether he ratified tlio agreement as
of and about the 1st. of .lanunry.
The Court. — You may examine him rally sis to
the timo he ratified ; but the precise question now
asked may be objcetionsible.
Mr. fM-her.ion.-rUe ratification of sin ngrce-1102
meat iu a certain time, in one aspect of the csise,
might, have an effect upon the claim of title derived
through it, if the claim were made at the time that
it hears dale, aside from the question of the time of
ratihcation.
The Court. — If it can be proved that tlio rsitifica-
took place at the timo it is alleged to have taken
place, that would bo evidence that the instrument
was executed at the time of its date. If on the
other hand, he rutilied it at a time long subse¬
quently, although it does not prove that it laid not
hcou -previously executed, tlio inference might ho j
Mr. Dlclcermn. — And in that point of view, by
connecting together the different parts of this alle¬
gation — that on or about the 1st of January, the
deed was done, and then about tlio time of the exe¬
cution of it, it was ratjiied; that connects tlio whole
transaction as a unit.
The Court.— You may .separata, it you can ; Imf.
as to tile precise form of the question, wlint rea¬
sons lie had for liis belief, I don’t know that that
is admissible.
Mr. Dlekeraou. — 1 asked the facts upon which lie
1104 formed that belief. •
i, The Court. — IIo must state ail lie knows aboutit.
. If it turns out, upon his answer to the question,
that the facts are not such as to warrant such a
* belief, of course I will bo bound to reject it.
Mr. Wheeler , — [ asked your honor to instruct the
witness that lie was to give, in answer to tile ques¬
tion, not information, but facts within his knowl¬
edge. IIo had been asked previously 'what lie
heard ; now lie is asked as to the facts within his
1105 kno"’le(lge. He may think thatwliat has been told
is such a fact, whereas it is not. I have no objec¬
tion to tho facts, but' tlie witness’s rccolluction of
statements I do object lo.
Mr. Dlckerxon.—l will withdraw mv question
and put it in another form.
-Q. Mr. Edison, did you ratify that impel- of the
1st of January ; that is, the paper that 'boro dale
the 1st of January, 1875, between Harrington and
Gould; aifd if so, by whatnot did you so ratify*
it ? A. I am not sure that. I ever ratified it.
1 1 0G ^ "r,!lc -von !,sked by any one to ratify it : and
if so, who asked you, and what was the request
made to you'?
A. I don’t think I was ever asked to l-atiTy it.
. Q- Wien did you first hear that that paper was
m existence ? A. Near the 1st of February, 1875.
Q. Who brought that knowledge to you ?
A. I think I was told so by-Mr. Gould-told of
Q. Wore you shown the paper,?
A. I ain not, sure of that; I have seon papers.
Q. When did you first see, that -paper, as near as
you can remember ? -
A. Perhaps it was in February, 1875.
Q. Bid you hear that such a paper was to be
made in the month of January, 1875 ? 1101
A. I was told that an arrangement would be made
with Mr. Harrington.
Q. AVho told you that? A. Mr. Gould.
Q. When was that— was it the time you executed
your agreement ? A. Afterwards.
Q. After you executed your agreement you wore
told an arrangement would be made with Mr. Har¬
rington by Mi-. Gould ? A. Yes, sir.
Mr. Wheeler. — Now, if your Honor please, I
move to strike out that answer.
The Court. — I think not. I waited for an objee- 1 1 08
tion to the question, and was somewhat surprised
that it was not made.
Mr. Wheeler.— Tf
r Honor pleas-, the reason
:| that 1 did not take the objection was owing to the
remark that your Honor made to my former objec¬
tion. I wished first to have it asked by whom the
information was given.
The Court— I will give you an exception to my
ruling, but I must let tho answer remain for what
it, is worth now.
Mr. Wheeler.— So far as it goes, perhaps ic is not
very important ; but I would suggest to counsel
that, if oml declarations are to be given, that he
should first find out -who made them ami when
they were made. I suppose that is always pi'oper
as preliminary.
Mr. pieherson..— It.luis boon the rule of my life
to be an humble searcher after truth, and - i am
310 •
' thankful to any one that instructs me, and' I mii
very thankful to yon. Now, If your Honor please,
in the Kith paragraph of the complaint n claim is
made to an application, “ the precise nature of
which is unknown to the plaintiff;” and 1 now
propose to show the identity of that agreement and
the agreement printed on the 251st page of the Oni-
1110 „ihns Bill.
Mr. Wheeler.— Why not offer it nflirmativcly in
evidence,
Mr. Dickerson. — We offer this paper, it being
properly proved.
Mr. Wheeler.— All I say is that it ought to go in
as part of your case, and not on the cross-examina¬
tion of this witness.
Mr. Dickerson. — It; is part of the res yestn. This
paper concludes the entire scries, with others ; and
1111 in that aspect we are offering it, not for any other
purpose except to meet all that is alleged on their
part.
The Court. — Do you propose to examine the wit¬
ness in regard to it ?
Mr. Dickerson..— 1 think I have a few quest ions
to ask him ; but dropping that I put it in for the
purpose of concluding all that series of papers' now
in this case ; inasmuch as they did not have it, lint
. we set it out, and they said something about it; 1
have called tlie witness for the purpose of impair¬
ing whatever effect might enure to it.
1112 The Court. — 1 will take it. •
Mr. Wheeler.— \ would, like my views to lie un¬
derstood about it ; this is not lit all a paper nllogod
in the complaint ; the agreement in the complaint
' j j is already in evidonce ; it was mi agreement between
'• the Western Union Telegraph Company on the one
side, and Prescott and Edison on the other; they
I have gone through with that ; this is not an agree-,
| meat between the Western Union and Edison and
Prescott; it is in the nature of a quit claim to the
company, and cannot he claimed in any sense that
| we allege it iu our complaint ns proof of title.
The Court. — t will admit it now. If the object 1113
is confined simply to the point that it, is apparently
nflirmntive proof, I don’t see that it is so connected
:| with their defence ns to be necessarily a part of
. ’ their affirmative defence ; unless the evidence is
wholly inadmissible, in these equity cases, it is
hardly worth while to spend time in urging the
| objections.
[Plaintiff’s counsel excepts. Agree-
f| ment for mutual release, marked Exhibit
;:| 2ff, dated Dec. 14, 1875, put in evidence.]
■I Re-Mr ecthy Mr. Wheeler: 1114
Q. You were asked about Mr. Craig, who is Mr.
;| Craig?
if A. Mr. Craig was a telegraphic adventurer.
\ Q- Wlmt connection did he have with the Auto-
12 matic Telegraph Company ?
j|| A. lie was a promoter.
Q. Of that company ? A. .Yes, sir, one of them.
Q. He was not an inventor, was he ?
A.. I believe not.
Q. W.lien or about what time was that company
formed? A. A^utl871.
Q. Had it not been.mnde a question among scienti- 1116
lie men and practical telegraphers, whether the auto¬
matic system of telegraphy, ns it existed before the
% improvements which were made by yourself and
;J Mr. Littlo, was practically any faster ’in its oper-
1 ation, in a business point of view, than the Morse
S system?
| A. It was olaimed by many that it was not so
:i fast.
I Q. Now, in wliat respeot was it not ns fast ?
•'321
• T A. In the transmission ofa given amount of busi¬
ness in a given time— I mean receiving the messages
; anti delivering them, ...
Q. Prom tile time the messages came into the
office until they were written out anti ready for de¬
livery at tile receiving station ? A. Yes.
Jllfi Q. What was the reason for that?
A. Because at tiiat time they had no rapid means
of perforating the messages for transmission.
Q. And one of the principal improvements, as I
understand it, that you effected in that system was
to increase the speed at which the messages could
. he perforated? A. Yes, sir.
Q. Now, what was the scope of Mr. Little’s in-,
volition, and the general purpose that he pursued
prior to 1871, in regard to automatic telegraphy ? f
A. His purpose was ro increase the speed of
transmission, and also to increase the speed by i
1117 " t'10 mps3ugos could he perforated ; that was I
his object. h
Q. To what extent did he succeed before 1871 ; f
what had lie accomplished up to the time of this b
agreement between yourself and Harrington, in
April, 1871 ?
A. To my own knowledge, ho had decreased the :
natural speed of the wire instead of increasing it. '
Q. What had lie accomplished in regnrd to the ''
perforating of the paper, if anything? S
A. He had obtained a patent for n magnetic per- |
fomtor, which perforated 7 words per urinate; it k
was somewhat slower than those already existing. I
-TI18 Q. Explain to the Court ulmt you mean by his ?i
having the speed decreased. By the natural speed §
of the wire you mean the natural capacity ? |
A. The .natural capacity without nny appliances @
whatever ; the natural speed ovor the wire, under a 1
given, condition, with given chemicals, wouldbciOO ft
words per minute, and the. devices applied bv Mr. g
Little dooreased.it to 80 words; * jg
Q. Was there any technical meaning in which the |l
word “fast” was employed among persons con- jf
■ nested with the business of telegraphing prior to
April 4, 1871. ?•
A. I think not, because the word was invented
or applied about tiiat time.
Q. What was the claim made by Craig, in regard
to the application of that word to automatic tele¬
graphy? 1119
Mr. Dickerson. — That is riot competent. iWe
object to that.
Mr. Wheeler.— You asked him about it.
Mr. Dickerson. — No ; I never asked him what
claim Craig made about anything. You called that
out. I tried to put Craig’s claim in in a written ,
paper, and you would not let me.
Q. I ask you what you meant by your answer
that you gave Mr. Dickerson, that the word “fast” j|2o
was applied by D. H. Craig, and persistently kept
before the public.
A. I mean that he applied that word to the au¬
tomatic system, of Mr. Little.
Q. As distinguished, I think you stated, from
tlio Morse system ?
A. As distinguished from tlio Morse system.
Q. Was it not very much disputed at that time
among those that were concerned with telegraphy,
as to whether tlio word fast was properly applic¬
able to this Little system ?
A. I don’t think there was any controversy over
the word at that time. 1 1 21
Q. Was it not shortly after that tiiat there was
such a discussion or controversy ?
A. I think it was about a year ago that that dis¬
cussion arose ; or a year and a half.
Q. I am not asking you ns to whether there
was a discussion about its application to any¬
thing ; but was it not very much discussed at that
time -whether it was property applicable to the
Little system— to tlio system that Craig was pro¬
moting.
A. I do not seem to understand the question.
Q. You say that Craig applied the word to this
system of automatic telegraphy, and claimed that it
wns a fast system ? A. Yes.
Q- Ltow, was it not disputed by others interested
m other systems, as to whether the little system
was really a fast systom or not ?
A. I don’t know.
| Q. State whether or not this word “ fast,” had
Incquired in 1871, amongst those who were ae-
Iqiiainted with the subject of telegraphy, an appli¬
cation to automatic telegraphy to the exclusion of
H A. I cannot answer that question ; I know that
fSjmig used the word “fast” telegraphy in several 1124
lartioles. and that is all I know about it ; therefore,
Wl cannot answer the question.
JWh Wheeler.-^ The question is whether the word
had come to have an application that was recog-
nized. ° ;
The Oourl.—I don’t see that an answer to the j
119q <Iuustl0'1 would have any bearing upon the signili- j
1 1 M cance of the word. In the absenCo of anv evidence i
to the contrary it assumes the significance which 1
has been ascribed to it.
The Court. — Do you know of any other system
5|e£o which it was applied by persons familiar with
jlgnlie art of telegraphy in 1871 ?
OS A. In conversation, one electrician might say to
gafthe other, which is the faster, the Wheatstone or
ggMtlic American automatic; and he might reply the 1131
-If The Court. — I do not think that this is responsive
Jto my question ; do you know of any other system
than the automatic, io which the word “ fast” was
applied, and recognized as applicable among elec¬
tricians, those familiar with the art of telegraphy
in 1871 ? A. Literally, no.
I'M Q. Suppose you had seen in a telegraphic jour- U2G
lllP'al un iu'ticle which 1 now read to you, dated Sop-
S&ember 15th, 1874, entitled “Prist Systems of Tele-
■fjffgraphy,” and beginning, “Our present issue con-
IfWtains a paper on'uuroinntic telegraphy,” and going
||®on, “During the past few months Mr. George B.
IfPrescottandMr. Tlios. A. Edison have been indus-
iMtriously at work upon their new qundruplex tele-
Ifgraph,” would you not have understood by tlint
article Mint, the quadruple* telegraph was included
in tlio description “ Fast Systems of Telogrnphy,”
• as as well ns of automatic 2
Q. Do you understand Hint there has been any
I change.in the meaning of the word “ fast” as em¬
ployed among scicntiiiemen between 1871 and 1871
as applied to a system of telegraphy.
Objected to as incompetent.
j! If. Wlieeler. — What I desire to show by this
witness is that the word fast was applied
simply as a recommendation ; that it laid
no technical sense whatever; that it lias
had no technical sense at any time. To show that
1 might read to him citations from a journal puli
lislied by the Western Union Telegraph Company,
1123 showing that the word fastwas applied to them all;
that it was a discussion not as, to tin. l< chined
meaning of the word, hut as to the meaning in thu
sense of recommendation. Craig culled his
system fast because lie thought it would do more
work, and be moru advantageous than thu others.
The Court. — The propriety of tlmt courso of in¬
quiry would depend to some extent, and perhaps
altogether upon your position as a counsel examin¬
ing your witness, or as counsel for another party
cross-examining him. You exhausted your witness
on thu examination in chief, and tiio counsel have
on cro8S'wa,“iinod him. You propose to enter into a
I I cross-examination . of the evidence elicited by
them. You can ask him the meaning of
the word and its application at that
tjine ; when you come down to specify par¬
ticular instances, and ask him whether there lias
been a change, I think it is transgressing the oiili-
Mr. Lmrey.— The gentleman said,- in his open-
g, he would give no evidence on that subject, but
mild reserve it for rebuttal, if it were then need-
I ; at' any into, since it is not a. part of tlieir case,
id tlie witness is theirs, and the examination is in
e nature of a cross-examination, wo think we are
'lit in interposing an objection:
The Court.— I will allow the question, but the
quiry must lie circumscribed.
Q. Do you mean to be understood as saying that
e word “fast” had not been, before 1871, ap-
ied to any system of telegraphy but automatic 1
A. It might have been, lint not to my knowledge.
The Court.— You do not know of its having been
iplied to any other system, but for aught you
low it may have been applied to other systems ;
that what you mean 2
A. Yes, sir, that is what I mean.
Q. You said yesterday on cross-examination that
ter you had made these agreements withHurring-
n, you continued to use for a time the shop in
3wark that lie put up, or that was put up at his
pease 2 A. Yes, sir.
Q. Did you, after moving that shop, continue
air experiments and inventions in automatic
legraphy 2 A. Yes, sir.
Q. AVns that done in pursuance of the agreement
tween you mid Harrington 2
A. That portion of it which referred to inven-
ms — yes, sir.
Q. But you discontinued the manufacture of in-
I'unients 2 A. Yes, sir.
Q. Now the machinery that had been put into
that shop which was' built with his money, was
used by whom after you left that shop ?
1134
A. TTis own men under his own direction ; I think
the nutnmntic.
Q. You were doing work, us you said yestordny,
for the Gold and Stock Coinjnmy ? A. Yes, sir.
Q. And you were nsked whether your work for
them did not amount to as much as $150,000 in
1133 value. During what time was the work done
which amounted to that sum 1
A. From 1SC0 to perhaps 1873.
Q. Who was this Mr. Miller to whom this first
letter of Mr. Orton [Exhibit 8] is directed. .
A. Mr. Miller, at that time, was the secretary,
and, 1 believe, the treasurer, of the Gold and Stock
Telegraph Company.
Q. Of this same company for which you laid
been doing work 1 A. Yes, sir.
Q. What communication had you laid with Mr.
Miller on the subject of your inventions before this
is written to him by Orton !
A. AVhicli letter do yon refer to!
Q. There is only one letter in evidence that was
written by Air. Orton to Mr. Miller ; that is a letter
in which Orton says to Miller that lie would be
glad to see you. How, I ask you if you laid any
communication with Miller before that time with
reference to the subject matter of that letter !
A. Yes, sir.
Q. Had you with Mr. Orton ?
A. I don’t remember.
Q. Is not this your recollection : that you laid
not seen Air. Orton in regard to any of your inven-
1135 tions before that letter was written— that you per¬
sonally had not ?
A. I can’ t recollect if I laid or laid not.
Q. What had you been doing before that letter
was written to Aliller in regard to inventions in du¬
plex telegraphy?
A. I had been experimenting with them.
Q. For a number of years had you not ?
A. Yes, sir.
Q. Had you not ut the time that letter was shown
you by Miller got those inventions in duplex
:elegmpliy into such shape in your laboratory that
thought they could be put into practical use
upon nn extended circuit t A. Some of them.
Q. Are the inventions to. which you have just re-
irred those which are shown in the drawing, Ex-
[liibit 0 ?
A. What is the date of the letter ? 1136
Q. February (Stli, 1873 ? A. Some of them.
Q. Some of those' inventions shown in the dia-
mm were those which you thought you had got
ito practical shape so that you could work them on
long circuit? A. Yes, sir.
Q. Are nny of the inventions which are exhibited
i these diagrams embodied in the applications
rliicli are in question in this suit, that is to say, 04
>100, and 111 toll3 ? A. I think there are some.
Q. Look at Exhibit 0, and' tell us which of the
lingrnnis that are mentioned there are included in
these applications ?
A. There is one complete invention, and the ap-
[plication of the principle in the other.
Q. Which is that numbered in the diagram ?
A. 07 is the complete one.
Q. AVliat is it in the diagram ? A. 13. . „
Q. Then, what is marked in the diagram, “Du-\ kj>0^Q
ilex 13,” is substantially the same ns case 07 ? )'
A. Yes, sir. 7 '
Q. Is there any other of those diagrams (Exhibit •
lifo) embodied in those indications ?
A. The principle of one of those is embodied in
ise 00.
Q. AVhicli one? A. 10.
Q. The principle of what is numbered in those
t diagrams', “ Duplex No. 10,” is embodied in case
00? 1138
A. The principle is— yes,' sir.
Q. But the devices which you employed in case
00 to develops that principle and make it practi-
j cully operative are different from those shown in
if duplex 10, are they not ?
Is Micro nny oilier of thus li g is I
mi' embodied in those applications 2
A. They limy be obscurely— devices.
Q. Well, T mint your best judgment, you si
there may be 2
, , A. it would take me a little time to give nn a
11,19 swer to that,
Q. Perhaps during recess you will look ovi
them lignin, so that you can answer that qneslii
more fully when the Court meets after recess ?
A. Yes, sir.
Q. When did you give the diagrams, Exhibit !
to Mr. Orton 2
A. About the date which they bear.
Q. Were they sent, so far us you know, by Mi
Orton to Mr. Sorrell, or did you send them to Mi
Sorrell 1
A. I don’t think they were ever sent to Mr Set
1140 ro,K
w ?' T”“ .."'’'‘f t,lilt directed to Mr. Serr.-I
A. Yes, sir ; I think it was never sent.
Q. When did you draw those diagrams ?
A. About that date.
Q. I think you said you had a book in which voi
made rough sketches of your inventions and vein
experiments 2 A. Yes, sir.
Q. And is not this made’ up in better or neuter
form from the drawings in that book 2
A. \es, sir ; picked out.
Q; Then as! understand you, the inventions
. ... H " "J fl,?se drawings had been brought
1141 to the state of perfection which is shown in those
drawings before February, 1873 2 " ■
A. Yes, sir; as shown in the drawings,
von Imd wi,.J0,lnSilia 0," ul’08S'ex"ini"ation thiitnfter
had d,Uwi"S3 t0 M*. Orton, von
i„ ilfere cn°tn ,,U<ll"S bj’ W<ml 0t mo,,tl1 w!,h ,,in,i
in lelerenco to your inventions ? A. Yes »!..
Q. When did you have that understanding with
ini, — when was it made ?
A. About this time ; February 5th, 1873.
Q. Whero was it mado?
A. I think in his oflice, 145 Broadway, New
mo as near as you can roiuember ? 1142
A. He said go on .and devise all the different
ays of making duplex telegraphs, and also im-
rovcinents on the Steam’s duplex, and he would
uy them at a reasonable price to be hereafter
greed upon.
Q. What. did you say when he said that?
A. All right.
Q. Was anything said between you and him, at
mt time about an arbitration, in case you and lie
■mid hot agree ns to the price 2
A. I don’t remember that.
Q.. Then you don’t remember whether anything 4443
us said about arbitration or not? A. No, sir.
Q. After you had said all right, what did you
i> ? A. I went to work.
Q. You didn’t go to work in his room 2
A. No, sir.
Q. You went back to your shop 2 A. Yes, sir.
Q. Then, as I understand you, after this inter- )
iew with Orton, you went back to your shop, and
made further experiments in various improvements
in duplex telegraphy ? A. Yres, sir.
Q. And after you had made these experiments,
you sent this little memorandum to Mr. Miller:
“Want order; go in, W. U. (that is in the West-
mi Union Telegraph Company) nights, to feel the 1144
pulse of my patients.” Exhibit 10 2 A. Yes, sir.
Q. What was the- object of your going in to the
Western Union Telegraph Company’s building?
A. I bad a great amount of apparatus and, hypo¬
thetical combinations that I wanted to try on the
real wire, to see whether they would work.
with Orton, and before yon gave tins memorandum
to Mr. Miller (Exhibit 10)?
A, Perhaps I had ; I was malting them all. the
time— four or live a day.
Q. Do you remember how many days there were,
or about how many, between the time you had this
conversation with Orton and your giving this mem¬
orandum to Miller?
A. I couldn’ t remember that. '
' Q. Was it as much as a week ?
A. My recollection is very indistinct about it.
Q. How is your memory as to dates?
■ A. I have got no memory at all for dates.
Q. In reply to this memorandum, what order
did you get ?
A. I got an order from Mr. Orton, I think ad¬
dressed to General Eckert, to allow me to go into
the operating room of the AVestern Union Tele¬
graph Company.
/Q. AVliat instruments of your own, did you tnko
to that operating room ?
A. A couple of baskets full.
Q. AArere those the instruments you had been us¬
ing in your own shop, in experimenting on the du¬
plex ? Yes, sir.
Q. AYlio made those instruments ?
A. They wore made out of old truck that I had;
had for years.
Q. You made them ?
A. I made the combinations ; some Were new, ;
and some were made of old ones that I had had. ,
Q. But in the shape in which you took theui:
there, they were made by you or under your direc¬
tions, in your shop in Newark? A. Yes, sir.
Q. Didn’t you lind in the course of these experi¬
ments which you have just mentioned, when you
came to apply them on the wires, that some of them
which worked Well enough in tho laboratory would
not work on n I6ng circuit ? A. Yes, sir.
Q. AVliat circuit did you first try these instru-
V. I would hnvo a doxen different circuits in one
lit.
Q. Between what places 1
L Loop circuits, returning from New York to
jany and back, giving mo the two ends.
). AArhat was the longest circuit you tried them
at first?
V. Duplex do you mean?
J. Yes, sir? A. Buffalo and back.
J. AVliy was it that you got permission to go at
;ht to the AVestern Union Telegraph Company’s
building ?
V. Because I could not get the wires at any other
■e than at night.
J. That was the time when they were not using
:se wires in the business of tho company 1
A. Yes, sir ; I could' get the wires between two
il seven in the morning ; I could get all the wires
lesired.
3. At that time those wires that you used were
t required for the business of the Company ?
A. No, sir.
3. Have you, during recess, been through these
igranis on Exhibit 0 ? A. Yes, sir.
3. Do you ibid that there are any of these ex¬
cept the ones that you have mentioned, that are
embodied in the applications in controversy.?
A. Yes, sir.
Q. AVliicli I A. Numbers 12 and If).
Q. AAUiich is 12 in ?
A. 12 is similar in some respects to 94.
Q. AVliicli is 1C in ?
A. It is similar in some respects to 04 also .
Q. You have both of those in 04 ? A. Yes, sir.
Q. None of the others are embodied in tho appli¬
cations in this suit?
A. Number 4 is similar in some respects to 08:
O. Are there anv others ? A. No, sir.
Q. 12 si lid 15 have undergone, iis 1 understand
you, cniisidcrnhlom'odilicnlioiis before they got into
the shape embodied in 0-1 ? A. Yes, sir. '
Q. Describe to wind extent J2 mid 15 are in¬
cluded in 04 !
1151 ' The Court. — Bid the point to which you lmve
referred relate to the principle or to matters of
device ? A. .To the principle.
Q. The devices tiro different? A. The devices
are somewhat different, not altogether different ;
. Hiev are similar in respect to this : that the receiv¬
ing instruments are not in the mainline circuit, but
are worked by induction.
Q. Is that the only respect of similarity or dis¬
similarity? A. They both have a polarized relay .
as a receiving instrument.
1152 The Court. — Which are you speaking of now?
A. Of 12, 15, and 04.
The. Court. — 12 and 10 are to some extent em¬
bodied and re produced in 04 ? A. Yes, sir.
Q. And you used the polarized relay in combin¬
ation with the induction coils? A. Yes, sir.
. Q. Describe to the Court the extent to which
diagram 10 is embodied in case 00 ?
. A. It is embodied to this extent ; that one mes¬
sage is received from an instrument worked by a
n-aH^0™!11 °r tlle direction °r the current, whereas
Hod the other message is received by an increase and a
decrease of the'strenth of thosu reversals.
Q. Are the devices which are employed, in 10, to
work out .that principle which you luivo just stated,
different from those which are' employed in 00?
A. Some of them nro different.
Q. State which are similar in the two ?
A. The polarized relay and the keys; that is
about all tlie similar devices.
,Q. What is there in duplex No. 4, Exhibit 0, that
you lind in application 08?
A. The similarity consists in two opposing lmt-
terries, one or which is short circuited to allow the
other to act, and a shunt placed around the receiv¬
ing instrument simultaneously with the short cir-
cuit of the opposing battery. 111,4
Q. And that is what you call in the first claim or
ease 98, the local equating battery, is it not 1
A. In case 9S 1 used a separate battery for
equating, whereas in number 4 I used the opposing
battery for the same purpose. '
Q. Thu result produced by the equating battery
is similar to that, which in the other you produce
in the opposing battery ?
A. Yes, sir ; a similar effect.
Q. In other words, you say in connection with
that invention one was the mechanical equivalent
of the other? . , ■ T, ,.1155
A. It is electrical and not mechanical ; I don t
say that : the effects are equivalent, perhaps.
Q. The effects are equivalent, and they are used
hi connection with that particular invention, to ac¬
complish the result upon the invention, or m refer¬
ence to the invention !
A. Y'es, sir; the same result.
Q. You wrote a letter to Mr.- Miller on tlie 4tli of
April, 1873, in which you say you are ready to ex¬
hibit and close the thing up. W hat did you mean
by saying that you wore ready to exhibit and close
^'a!' T'polhlps meant that I had a number of du- 1 156
plexes which would work satisfactorily on llmlme,
and that I should like to show them to Mr. Oi on,
and from the understanding that I had with lmn
get the money from him. , , ,
O Now vou go on to use this word duplex ;
and then you say “ I experimented 22 nights— tried
23 duplex systems.” Where were those 22 .lights
spent in tlioso experiments ? A. In tlie Western
Union Telegraph Company’s office, 145 Broadway.
Q. Anil those wore spent bet ween the (lutes shown
in the diagram that yon lmil in your hand (Exhibit
’ 0) anil April the 4tli, 1873 ? A. I think they were.
Q. Can you say that some of those nights that
are referred to in the lncinoranilmn or letter were
not spent in your shop, or on some other line than
1157 tho line or the Western Union Telegraph Com¬
pany ? A. I could not, because I don’t know
whether those were consecutive nights, or whether
they 'meant the total amount ot the work spread
over a greater lime.
Q. Were any or the 23 duplex systems, that you
mentioned here in this letter, ns having experiment¬
ed upon the duplexes shown on the diagrams,
Exhibit 0 2 A. Some ot them were.
Q. And some were others, that you had subse¬
quently devised? A. Yes, sir. -
Q. Do you remember how many ot Jhnm were
1 1 _R those shown in the diagram ?
* 1 00 A. No, sir ; I don’ t think I put all in this paper,
that I had at the time; I thought they were in.plen-
’ Q. You say in this paper, “ eight were good.”
Do you remember which those were with reference
to that paper? A. No, sir.
Q. Yon say one of which requires no special in¬
struments ; a single Wire run in a peculiar manner
in a Morse set of instruments, transforms into a
duplex ; is this single one that you speak of, one
of those shown in diagram No. 9 ?
A. I think it is not in this diagram.
1159 Q. You think that was a new one? A. Yes, sir.
Q. You say ten models for ten different duplex
have been delivered to Munn & Co., Patent Solici¬
tors? A. Yes, sir.
Q. Wore those models the models for the appli¬
cations that have been spoken of ns cases A to
H? A. Yes, sir.
Q.- There were two, besides those from A to II ?
A. I believe they were not duplex.
.. v ' vour orossroxitmination in con¬
nection with tins subject, that the word duplex
came'to be applied to transmitting two »
the same direction. Do you renK.;nbc. ,hui the
oril duplex came to bo applied in that . }
A. Sending in the same direction .
Q. You said, at lirst, it was applied only tollW
sending in opposite directions, but aftonuui-
into use in its application to telcgl.ip ij
A. I think, July, 1874. 4U.st used in
Q. Was it not, so far i to , n 1
that connection in any publicntiot j ,
the Times newspaper of about the 10t)i
18A4?If that article contains that word perhaps
'"q. Do yo'^member the article that I speak of 1
Q.
messages at a time, and sta ting tin Onion
the possession or control of Hie D
Telegraph Company ? a ,t remember
A. I remenibertlie article, but l uon
whether it speaks ot the qijn«W ■ ^ mentioned
Q. Are any of these 1 ■ t0 working long
in the letter to Miller, in i o described m
circuits or working ^ i ’ -
the applications that me u d
or were these different things ,
A. I most forget what those • refresh
Q. Look at the letter, and sec H »
your recollection? .t,10Ut i haye a
1159
n »• w. «**•}
Q. Your best recollection is that they nre not
connected with duplex?
A. Yes, sir.
Q. You can look at the diagrams nfterwnrds, mid
if you Imve occasion to change you answer you .
can do so to-morrow. Can you point outin. tlicdin-
1 1 00 gram, Exhibit 0, which of those devices were in¬
cluded in these applications that you gave to Mann
, & Co., which were lettered front A to II ?
A. I could not answer that, without I had the
diagrams of those eases.
Q. On your cross-examination did you say that
10 was much the same as case II ?
A. Yes, sir.
Q. But as to the others, I understand you to say
that you could not state front memory without ref¬
erence to the applications ?
A. Yes, sir.
11G1 Tllis application for case II, that was shown
you the other day, was sworn to on the 32nd of
April, 1873, and this power of attorney, Exhibit
12, to Mr. Miller, is dated the 23rd of April, 1873.
Do you remember how soon after you swore to that
application for ease IT, and gave this letter of at¬
torney to Mr. Miller, you went to Europe ?
A. Perhaps a week or ten days afterwards.
Q. Did you not sail the very day of this letter .
to Miller (Ex. 12) ? A. Perhaps I did.
Q. You are not sure about- tlmt ? A. -No, sir.
Q. What was the object to be accomplished hv -
giving this letter to Mr. Miller?
1102 A. That he might make a sale.
Q. Of what?
A. Of the duplex apparatus, ns described in
those specillentions'.
Q. To Mimn & Co. ? A. Yes, sir.
Q. Theso cases, AtoH? A. Yes, sir.
• Q. That ho was to do during your absence, if lie
• could? A: If it beenme necessary. •
Q. In this Exhibit 11, that I read to yon, you
said that you had tried how many systems of
duplex?
there were "part of the twenty-three that m the
other Exhibit of the 4th of April, you said you ha
"'f t think they nre part of the twenty-three.
. -
report of what you hud ^ ^ ln thiS)
ESilStA^u say worked part ^
Q. Isn’t it vour best recollection tl.at the}
Q.‘ wllo'paia f-es tSe*fees
ing those applications, .mi 1
Patent Ollice on tiling tl,em ?
A. I hail to pay them myse,r-
Q. You paid tliem yourself .
• A. I had to pay them.
The Court — Who did pay them is thequestion
A.! furnished the money- Uy paid HOo
Q. I do not mean w bethel J I £,m,isl,ed the
the money at Washington, butjo.H
moiiey? A. Yes, mi. . . ny tiwt there were
Q. You said m you* test > ^ in some
some nltemtions thnt Mi. M' 1|ltorations pro-
*«—
* — * >■
about tlioso nltemtions.
338
Q. Did you see them Hindu ?
A. No, but 1 received tlie instruments.
Q. Altered ? A. Yes, sir.
Q. You don’t know, of your own knowledge,
wliere those alterations were made, nil you know
about it is wlmt Miller told you 1
1130 A. I don’t know but I went to Phelps’ shop to
explain those alterations; I cannot say though I
have an impression that I did.
Q. You think you did ? A. Yes, sir.
Q. Does that not recall to your memory Hint
it was while you were making these experiments
.with those 23 duplex systems, as you call them,
that. those alterations were mndc ?
A. I know what I had those instruments made
for. .
Q. AVlint was that 1
A. For case 09, as shown to Gen. Eckert, in my
shop at Newark.
1107 Q- Whether they were made before you went to
Europe, or after, you don’ t remember, as I nnder-
A. No, sir; I couldn’ t remember.
Q. On what business did you go to Europe, if
any ?
A. At that request of the Postninstcr-Genemi, or
the chief in charge of the post-office telegraph, to
exhibit the automatic system at work.
Q. That is the American automatic 1
A. Yes, sir.
Q. Do you mean at the request of the person in
charge of the British postal telegraph ?
A. Yes, sir.
Q. By whom wore your expenses in Europe dc-
1108 frayed 1
A. I received most of the money from J. C.
Reiff.
Q. Ho was interested in the automatic Telegraph
Company ?
' A. Yes, sir ; he wns the secretary and treasurer.
330
Q. How long were you gone 1
A About two months. . . . ,
Q. When you got back, did you ascertain whether
or not Miller had made any sales of these inten¬
tions or applications during your absence 1
A. I ascertained ; yes, sir.
S^il^^Look t that letter (Exhibit 14). Had
you any conference with Mr. Orton between he
time of your return from Europe, and the imtiug
of this letter! A. I can’t say.
O Do you remember any ! A. rso, hu.
O Wlmt did you mean by the statement in that
Thu foot is, Mr. Orton’s
unce took the bottom out of my boat < ^
A. I think he went to Europe sudden ) , .
for me It was very sudden.
Q. At the time you wrote this letter h Mr. ^
cott, did you understand yo*i bad
pel the purchase by the »\ ost ^ (losc,.il)ea
Compnn.v, of these imenti •
in the applications. A. to in
Objected to; objection sustained.
. Dr this letter to Mr.
Q. Had you, at the tin . ro Union Tel-
Prescott, made any sale ^ wWou me men-
egrapli Company of the mi out
tioned in this letter.
Objected to; objection sustained.
Q. Had you, up to 'X pS> for
sSribss”"—-'
Q. Yes, sir-a price. offol. in case I got
A.- No more than the <ntg»“
anything good, ho '™X5Xd llbout a purchase
Q. Notliingworo hud been saw
340
since that original conversation to which you lmvu
testified, between that ami thoiiate of this letter?
A. I think not.
Q. That is your best recollection is it not ?
A. Yes, sir.
Q. Do you know whether or not, at the time of
1172 writing that letter, Mr. Orton had returned from
Europe? Yes, sir.
/till QKL Q- "r*lv l^i<l you write to Prescott, on ihe.sub-
Inject, instead of to Orton ?
A. Because Mr. Prescott, lmd command of that,
department, that I wanted most favors Irani ; and
I thought I could do better, and accomplih re¬
sults, quicker by working through Prcstott, than
through Orton.
Q. 1 find I have passed ono point. Before Mr.
Orton went to Europe, did you write to him a letter '
in regard to these duplex inventions !
_ A. I think I did.
‘ Q. Did you send this letter to Mr. Orton ?
A. I remember trying to send a letter to Orton,
but the steamer got oil’ before my letter got there ;
I tried to have it delivered by another person to
Mr. Orton on board the steamer. That, was one
letter ; I might have sent other letters.
Q. Do you remember sending him one, you say
you might have done so; do' you remember whether
or not, you sent him one that did reach him ?
A. I might have sent, a dozen ; I can’t say.
Q. You don’t remember now?
A. You mean letters through the post office, -or
11^4 just notes or communications.
Q. Well, either a note or a memorandum ?
The Court.'— Any written communication.
■> Q- From yourself to Mr. Orton ?
A. Perhaps I sent, some.
Q.Will you look at tile paper I now show you,
and see whether it refreshes your recollection, in
' regard to yotir sending a letter to Orton, boforo he
went to Europe, what I want is, to have yon refresh
your recollection by that paper ?
went to Europe which lie received . ,
A. I remember sending a letter; I don v
whether he received it.
Q. How did you send it?
A. I think by Mr. Miller.
Q. What were the contents ?
Objected to ; objection sustained.
q DO you remember before Mr. Orton went to
Europe, your making any application o . Inn , to
have your duplex machine put on the wires of the
Western Union Company loi use s
A. I think I made that request.
Q. Did you obtain what you asked foi 1 H7G
Q: DMyonunSaBer the agreement with Pres-
C< A It was after the agreement,
use and that that request was
» VnaoU, i« M"I; >•» LA J0' '
; perhaps there was one patent issued
soon it was after the agreement was made ?
A. Perhaps three or four days.
'S q. How soon did you see Prescott after yon Ian
written him this letter?
A. Perhaps three or four days.
Q. And the way yon think that Orton had learn
ed of that meanwhile, was that Prescott so in
formed you ; or did Orton tell yon ?
A. Mr. Orton told me.
Q. What was it that Mr. Orton said to yon whet
yon first met him after your letter to Prescott i
A. Do you mean after the contract was made?
Q. As I understand yon, you wrote that letle
to Prescott in May, 1874? A. Yes, sir.
Q. The one I asked you about, whero you sail
J. How soon after that did you see Prescott f
V. Three or four days.
j. Then as T understand it you made a verba
■cement with hint that was afterwards put it
iting ; is not that so ?
1. I think I made an agreement within four o
2 days after that letter was sent,
j. How soon after you lmd made that verba
■cement with Prescott did you see Orton?
V. I think we nmde a written agreement,
i. You first had an oral agreement ?
Q. I am trying to bring your mind down to tin
LSO time that yon saw Mr. Orton, after you had mads
• the first verbal agreement with Prescott which yoi
, made three or four days after writing him tlio let
ter? A. Perhaps it was a week afterwards.
Q. Now, what did he say to yon at that time?
A. He said, it is all right, go ahead; I approvi
of it ; or words to that effect.
• Q. He referred in that to your agreement with
Prescott? A. Yes, sir.
Q. That was spoken of at the time of the conver¬
sation ? A. Yes, sir. . ,
Q It was at that time, as I understand, that lie
told you that he hadn’t heard from Prescott of the
agreement that you and he had made ? ' im
Q. Did lie say anything else at that conversa¬
tion? A. I think he did.
Q. What was it? A. I could not tell yon.
Q. Did he say anything else m regard to the
matter of the agreement between you and Prescott
or to your inventions in duplex telegraphy ?
A. I don’t remember; lean only pistgive the
^Q^IIave you given the substance of the conver-
sation on that subject ?
A. Mv answer was the substance of it.
Q. This verbal agreement with Prescott was af-n82
terwards put in writing? A. Yes, sir.
Q You said to day, and I think you spoke o
yesterday, that after you lmd sent the lettei to
P,Q CA,ul "you arnica ’verbal agraement for
the sale of some inventions to him, and that after;
sallulmuijt'wvou agreement
wls atterwards executed between yon and Prescott ? ^ ^
Sei duplex
.■SEasassssa
included in case 111, 112, mid 118’ A. T think- sA
Q. Why was it ilmt. you made these new nppii-
cations instead of prosecuting the ones that had
been liled before, lettered from A. to II?
A. Because (lie person who drew the specilicn-
. lion at Milan & Co’s, so mixed them up that the
examiner could not understand them, and I could
1184 not understand them myself.
Q. You didn't know your own child then 2
A. Not through the specifications.
Q. Isn’t it also a fact- that the subsequent exper¬
iments that you had made had developed improve¬
ments, and that these improvements were embod¬
ied in the new applications ?
.A. When I found that I had to withdraw those
applications as the commuuicationsfrom the patent
oflice objecting to them became very numerous, I
thought 1 would withdraw them and put in similar
applications with all the latest improvements.
1185 -Q' ’’hen, as T understand you, 'there were includ¬
ed in the new applications 04 to 100. and 11 1 to 1 13,
improvements that were not in the original appli¬
cations A to G? A. Yes, sir.
Q. You diil not, in point of fact, withdraw the
applications A to G, did you?
A. T think I withdrew some of them ; I don’t
know whether I withdrew them all ; I took away
the power of a ttorney of Munn.
Q. Whether or not you actually withdrew the
applications you don’t remember?
A. I think where one particular application in¬
terfered with another one I withdrew it.
Q. Which particular ones you withdrew vou
11 80 don’t know. A. No, sir.
• Q. Those that didn’t interfere you left there just
ns they were ? A. Yes, sir.
_ Q. As I understand it, the now applications were
drawn by Mr. Sorrell? A. Yes, sir.
Q. I want to bring your mind down to a little
later period— to the time tluit you and Mr. Prescott
wrote this letter to Mr. Orton, which is dated De¬
cember 10th, 1874; did you give that letter to Or¬
ton yourself— the one that is signed by you and
Prescott? A. Yes, sir.
Q. And ho read it ? A. Yes, sir.
Q. What did he say to you then ?
A. Says he, “I won’t do it.”
•Q. Wliut else did lie say ? • 1
A. That is all that. 1 remember.
Q. (Handing witness paper.) Look at Exhibits
L5 and 15a. Tell me, if you can, [when you sent
hose to Mr. Miller ?
A. I could not say when I sent them.
Q. (Handing witness paper.) Look at 16, and
iny, if it was at the same time as that ?
A. I think not.
Q. Were they not both sent about the same time ?
A. I think n t.
Q. Were they not botli sent nfter the letter of
May, 1874, to Mr. Prescott, and in the couise of
the experiments which followed the sending of that
letter? A. Not both.
Q. Which of them ? A. 10 wns.
Q. Did you send it ns part of the outfit that went
;o make up the machinery of case 00 ? A. Yes.
Q. You think 1C was sent in 1873, then ?
A. Yes. ■ ■
Q. That was during the first course of experi¬
ments? A. Yes.
Q. That contains a statement that you had
worked duplexes in the same direction ? A. Yes.
Q. Those were the first set of experiments in
340
1878, before you went to Europe 1
A. I believe they were.
Q. Look at Ex. 18, which bears date Sept. 30,
1874 ; you say there, “Boston sent us 142?”
A. Yes.
Q. Now, with what device or machinery was the
1 1 90Work done, that is described in Ex. 18 ?
A. Tt was done with n quadruples.
Q. Substantially wlmt, is described ill case 09?
A. Yes.
Q. Where was that: set of instruments made that
you say that was done with ?
A. In the Western Union Telegraph shops.
Q. By whose direction ? A. By mine.
Q. And that you said was left by you with the
AVestern Union Co. 1 A. Yes,
Q. Look at Ex. 10, and toll me whether that was
not part, of the instructions that yon gave for
I i9iml'hing one of the machines or instruments which
formed a part of this set, that you have just
spoken of ? A. I think hot.
Q. Then what was it for?
A. For experimental purposes.
Q. That must have been before you worked this
quadruples to Boston ?
A. Not necessarily, because I was trying several
different relays with the same qundruplex. .
Q. Can you remember whether it was?
A. I think that was not applied in the Boston
quadrnplex,
Q. You think it was not applied ? A. No, sir.
1102 Q. Can you remember whether it was before or
after you worked the quadrnplex to Boston in the
way you have described in Ex. 18?
A.' I could not say.
Q. Was it not after you wrote the letter.to.Pres- •
cott, iii Hay, 1874, in what I cull the second series
of experiments ?
Q. Look at Ex. 20, in which you say yon found
the quadrnplex working, and toll mo when you
made that memorandum? ^
A. Either in November or December, 1874. . •
G Gan von tell us whether that was the quad-
' rupicx in its working to Boston, or in its working
to Chicago that you refer to in Ex. No. .01 1193 ^
. . (g
that when you gave to Hr. Orton the letter sent by g
you and Hr. Prescott, in which you made an offer jm
S? the quadrnplex system, Exhibit 27, lie declined if
11 q/iIow soon after that did you give him that
memorandum) Exhibit 26'*
A. Perhaps witliin 3 or 4 days.
Q Bo you remember whether between the time
' you gave him the joint offer, which is; Exhibit 27 1194
and this, you had any conversation with h.m on the
subject of a quadrnplex? A. I tlimk I had.
q! Bo you remember what it wasin substance?
A. It was a story about a boat. puu|W\Tf. f
Q. Tell us wlmt it was? oertinent-^^^'^ff^ *
A. I forget the story, but <U>
whether 1 wanted to own the Western Union, or^
they own me.
Q. Is that what he said ?
A Yes, that is what lie said; it was a story
about a boat; it was \ 1 t J, but I cannot
remember it now. 1195
Q.‘ lie made that observation? A. ies.
Q It was a question whether you should own
the Western Union Telegraph Uo.,ov they own you ?
A Yes’ that is, it Imd reference to tlie pntc- I
asked ; i.e thought if he took the quadruples and
gave me the AVestern Union Telegraph Conipnn} ,
it woiild be about the right thing .
Q. That was the equivalent he suggested foi the
price that you asked ? A. Yes.
Q. In Ex. 27? A. Yes.
Q. When lie imulc tlmt assertion, did you iiniko
any further proposition ns to price?
A. I think I made him several propositions.
Q. Can you remember what they were — the
llgures? A. No, sir.
Q. Something less than is given in Ex. 27, in the
EC joint offer ?
A. I don’t know, lint perhaps they won; put in a
different way.
Q. Wluit did he say when you made him these
offers ? A. Keep on ; I was doing well.
Q. These, I understand you to say, were after
this offer in writing, which was sent by, you and
Prescott ? A. Yus.
Q. Then, as I understand you, you gave him
these two propositions in writing that I showed
Q. Wlmt did he say when yon gave him these
two propositions ?
' '' ' A. I don’t think lie said anything.
Q. I would like to have you try nnd remember
whether anything was said; did he say anything
to you within a short time after that in regard to
these propositions'?
A. I cannot remember that he did.
Q. State whether or not you remember any re¬
mark from Mr. Orton to you after you had given
him Ex. 2(1, as to making other offers or other
propositions?
A. Perhaps he told me I was doing well and to
keep on after ho had received that, or before; I
jj 98 cannot say positively.
Q. C4ivo us your best recollection ?
Objected to on the ground that, the
witness 1ms already given his best recol¬
lection ; admitted.
A. I have no better recollection than that.
Q. Did ho make any other answer to these prop¬
ositions than that you have stated, until you re-
alnl till, wrilton lol» In Juuuury, 7878, »»M>
lime Were those the applications that me
Imm'lhI from 04 to 100 1 * 1199
O Do von mean, do these refer to them ?
n Vos' A These propositions !
cuts had been issued t you said
„c, om.,.
You' mean'reia ti i ig t o this subject of duplex and1200
qm.drj.plex telegraphy ? A- out.
Q. You had not been him usm „
Si.le of that i A. 0,-ton going to Chicago (Vfm
q! Wind took place at that interview ? 1201
A. Nothing.
q. Hoiv long whore you there
A. I guess two hours about..
Q. You got no opportunity of speaking to him ?
A. 1 didn’t like to speak to him; he seemed to
he very busy.
Q. Hu said nothing to you, ns I understand you
to say?
A. He might; but I don’t remember just now;
1202 ]le s:lid only a few* words, if he said anything.
Q. 1 would like to have you remember as well as
you can if any thing was said by him, and what it was
—anything on the subject 1 have asked you about ?
A. It was on this subject ; no, sir.
Q. Do you remember his saying anything on
any other subject. ? He did say something to you ?
A. Yes.
Q. What was said you don’t remember? A. Not
precisely.
Q. Can you give the substance of it?
ter in question the inquiry is
i i ferial. Admitted.)
good deal of n
OUx 4Ci aJm/t A. He
railroad
Q. You were asked, the other day, as to a con¬
versation between yqu and Mr. Gould in December,
1874. What was that eonversat'on ; state as near
as you can What you said and what Mr. Gould'snid.
A. About what.
Q. You were asked by Mr. Dickerson if you dis¬
closed to Mr. ■ Gould all your relations with the
Western Union Co. I ask you what it was you
said to him on that subject ? A. I explained to
him what I had been doing in duplexes,
Q. State what yon said to him and what ho said
to you,. as near ns you .can remember ? A. I cannot
give the exact words ; I can give the substance.
Q. Give the words as near as you can, otherwise
give the substance. . , _ '
■ A. I told him I had a contract with Mr. 1 rescott,
and told him the substance or the contract.
Q. That is the written contract in evidence .
A Yes; I told him I had been conducting ex- 1-0 -
oeriments in these things for a long while. I told
liiin'l had apparatus working on the AYtMtwn Union
wires, and told him how it worked. told
had received So, 000 from the Western Unton i Com-
lMinv and told him the terms of the contract to be
p.inj, "ii u, .ill lean remember
made for the sale of it ; that is .m
at that particular time. .* ,
Q. Do you remember what lie said to yo .
A. How much will you take for it -
Q. Do you remember anything else at at con
veraatiou that was said between you and Ml.
Gould? . t uThat'^*>
A. He says, “I will give you •>. • » ,, ^
is too small.” He said, “ I will give you 3 b He
made some rurtlwr explanations, and 1 smd,^ A-U
rlcht.” He said, “Do yPu want it now ^
. . He sa vs, “Come down stairs. 0
h,m 1’ 11 " lira a d he wrote some kind of an
the balance to call and see him.
Q That was at his house in Fifth avenue ?
Q. Did you say anything else at any Itimo tojl Mi.
puny, besides what you have stated .
A. 1 think I did.
J I'clnnot tell' exactly ; the purport oE it was
that I explained ali the ^member,
t^Z!:rStiS°Dul you say to
him anything other or different substantially from
wlmt yon lnive just stated you said to him in his
house in Fifth avenue on the occasion when you
got this §10,000 ? A. iS'ot materially different.
Q. The substance of that ?is what you staled
at your different interviews in regard to your re- •
lotions with the company ? A. Yes.
1208 Q. You were asked the other day in regard to
some advice that Mr. Iteiff gave you ns to your re¬
lations with Mr. Harrington 1 A. Yes.
Q. What was it Mr. iteiff stated to you ?
A. lie said I had no right to sell the qimdruplcx
. to the Western Union Telegraph Company, as it
was claimed that Harrington was entitled to it
tinder the contract.
Q. When was it that Mr.iteiff stated that to you 1
A. After the appearance or the publication of
the Times’ article. .
Q. That I asked you about yesterday 1 A. Yes.
Q. That was about the 10th of July, 1874, was it
1"UJnot ?
A. 1 could not sav ; every day, perhaps, after
that,
Q. At any rate, it was the article which was '
idontilied yesterday on my examination 1 A. Yes.
Q. Hid he say that to you before that urticlo ap¬
peared ? A. I am not sure of that.
Q. You don’t remember that? A. No. '
Q. You know he did after ?
A. Yes ; many times.
” Q. You were asked in regard to a communica¬
tion from Mr. Harrington that you received about .
1210 t*le ti,ne of the appearance of this article— a com¬
munication in writing ; lmve you searched for that ?
A. Yes.
j Q- You remember tlio fact of receiving that
; letter? A. Yes. •
Q. You say you have looked for that letter?
! A. Yes.
| Q. Can you find it? A. No, sir.
Q. About what, time was it that you received that
’ letter?
A A few days after the appearance of the Times
this action. J
„ / Yn„ iniiv call his attention to the jjj
The Court. You H M u , gton's m
\ • :sssau— ~ C
t desire to correct it.
The Willie**--1 do not dcsm.
■ T -11 rviss it at present until I
Mr. Wheeler.— 1 "-ill P- . ,lus evidence of
have an opportunity of . luy recollec- im
Mr.' Edison upon oio . £ concerning this let-
tion is that he was enquire' ^ lmye it upon my
ter upon cross-exainin. > ,.d to it.
mv notes to examine l,m J? cross-exumina-
O Your attention was called, oi js not
tion, to a patent type tWa type-writer as
electro-magnetism ''‘ e5, a nting? A. Yes
a motive power to do the 1 ,lbed in tlle spe-
q. ls the machine vhtot ltent)i„ „ny sense
ciiications and drive _ ngt I ^ u.. .
a teU'graphie machine? - q£ tlie specillcn-
q Look at the thud pin o ‘ 1 0ythat state-
tion- Is it n it the P'irPn J® “ 1 flwt the .telegraphic U13
meat of the third b(J 1)Ulcud in view of
message, when wuohine; so that by means
the person operating h be printed nn l
tZX^^*^***" ■
% ANHuit is'the object of that grooved bar thnt is
there described^ ^ ^ plu.pose of lidding the
7 3 7;;-*^
chemical strip containing the characters, so that
they can he passed along with facility, in the act
of copying and printing the message.
Q. For what purpose is the message to be print¬
ed by that machine ?
A. There is not. much purpose to it now.
Q. For what purpose did you intend it to lie
1214printed ?
A. Because we thought we could gain speed, as ■
compared with the pen, and have a better copy.
Q. And when the copy was made, it was deliver¬
ed to tile person for whom the message was intend¬
ed, wasn’t it! A. Yes.
Q. I understand you to say, that when this mes¬
sage came in telegraphic diameters, it would liu
put on this bar, and the operator’ on the type¬
writer would copy it, and then it would go by the
boy for delivery ! A. Yes.
Q. That was the plan ? A. Yes.
Q. lias the machine itself auy connection with
the telegraph lines? A. No, sir.
y. Slate whether or not you ever heard, before
this suit commenced, of such a filing as an auto¬
matic telegraphy mechanical printer?
A. That is rather an absurd name.
Q. Before this suit was brought, did von hear of
it?
A. I have heard the expression.
Q. Did you ever hear of a thing which bora that
. name, before this suit was brought?
A. There is nu such thing bearing that. name.
Q. Did you ever hear of a thing that was called
121 (iuu autonintic telegraphy mechanical printer before
this suit was brought?
A. Yes, sir.
Q. What was it?
A. That machine described in that patent.
Q. Where was it that yon heard' of .it?
A. Among the lawyers.
By the Court :
Q. Not among the electricians ? A. No, sir.
Dm'iitg^'this litigation in the Patent Office 1^-
A During the litigation?
q.‘ In connection with the construction of the
insTrunmnt? A. Yes.^o[ t,l(J t,lne you
now sneak of the middle of 1875? A. No, sir.
no« speak ’ , , v0,„. cross-examination, m
^ • 1 to usiii"- the machines described in case H, so
ns*to make it practically ol^tlV0^.‘° ^'an'could
;;;So,m XXX to iM
q:
make it practical ^l ,t ’dil.ectioll ,
of Bungs; I could
add some of the devices slioun
Q. Which one ?
were known 'at 'the "tiniest making the applicu-^
ti0M ’ , - were known, but the applications,
A. Devices were Known,
perhaps, were not made. . known at the
Q. Now, yon any Hint those devices which you
liovo described, nwl wliieli ore shown in the draw¬
ings annexed to cose 00. could l>o added to case H.
so as to make it, transmit two messages in the same
direction ? A. Yes.
loon- ^ou S1,y Unit otiior devices than. those shown
i— U in case 00, to accomplish that purpose, were known
"'hen you filed your application ease H ?
A. Do you mean the transmission or flic applica¬
tion practically. ' .
Q. I mean the application practically?
A. I say other devices were known, lmt the com¬
bination, perhaps was not known. A sounder is
old ; a hack point sounder is old, therefore they
are old devices, hut there is a peculiar combination
here that was new or was old ; I don't know.
Q. they could not he applied to case H until it
wns invented, could they ?
1221 A* 1 •sll°11111 think not.
Q. Once case 11 was invented and known, there
lu.is no peculiar dilliculty in the application of
those devices, which were also known, to ease II |o
accomplish that purpose '
1 A. No difficulty ; no, sir.
Q. Would it require invention to apply them {
O Had 5 .IT"''"* t0 "WX anything.
, Q. Had not these dev.ees you speak of hemi
• SXvnoMr1'0'1 W^,l;,tlle'-‘1«>Pl«^teleg,„phs?
Ill '' t0 oth,!1, tele-
I graphs before ease H (
1222 devices!'0 ^evi,!es’ but ,,nt tlMS 'minium, film of the
Q. They lmd been used in combination with
other duplex telegraphs ? A. The devices ; yes
Q. ihey could be applied to case H, as they had
been applied to other duplexes, could they not <
A. It could have been clone.
Q. You were asked by Mr. Dickerson on Mon-
in^t’ this question ; “ 'J’aking the invention of 00
just as it stands, without adding to it or takimr
from it, does that thing successfully and economU
cully develop into practical use the Little or ■other
not” You remember that? A. ies. .
O Now what, it anything, would you acta to it
i„^oi,dei,"to accomplish the result stated in that
...... „Poii ? A. Automatic instruments.
1 q Will you make a drawing of how you would 1223
do it? A Am I bound to make the application?
O I will ask you this question: If you add to
case 00 an automatic transmitting t
would accomplish the result stated in Mi. Dickei
""i" Automatic transmitting and receiving Im*u-
^ SEeraof^ur^ SIX.
H“Q<:Uuvin^ Hnlt’i.i jmi.r raemoi-y, state whether
any objection was nun J ^ -Mc-
Ve,,li0n? obiccted'to on the ground that it is
virtually asking tor the contents of the
letter. , , , .. .
,2.
to change his stiumumit; ^ rtle pun)0Vt 0£ this
Q- Y0U nn ifmS • Mr. Dickerson asked j on on
letter in your liuiut , he» (Harrington)
your cross-examination, D u nnd
object to would be mi ob-
you answerecy t(/com.ot that statement
jCCtlOM. J*,u •'
now, after having refreshed your memory' hy your
recollection of the suhstmice of that letter.
A. No, sir.
Q. What do you mean by saying “ not in a way
that would bo an objection ?”
A. He said 1 ought not to do it.
■ Q. That is what you mean by saying that it was
in a way that would not be an objection ?
A. Yes.
Q. State whether or not there was any connection
between Hr. lteiif and Mr, Harrington, at the time
you have been speaking of, that is July, 187-1 j
Q. If I .understand the testimony correctly, you
, were asked by Mr. Dickerson as to your knowledge
of the principles of the Bosscha and Kramer ma¬
ll 227 chines? A. Yes.
Q. Do you now know what the substantial prin¬
ciples of those machines are ?' A. Yes. sir.
Q. You were also asked whether the same prin¬
ciples that were in their machines, were not con¬
tained in your patent, case »!) i
Mr. Butler .—That raises a question of fact which
can be decided by the record. (Heads the examina¬
tion of Edison upon that point.) Now I think the
1 228 mu' inference to be derived from that testimony is
that tiie substantial principles of their machines
were not the same as the principles of the device of
an, but I will put the, question in another form.
Uhe Court — Whatever may have been the effort'
of counsel to show, I got the impression that it was
not the same.
- - -!
By Mr. Butler :
O What do you claim is the principle or device
different in ^O^from Kramer and Bosscha’ s ma¬
chines? imooivlng instruments are
SSS SIS”
miles "l>f;V1'l‘u othoi while in the Bosscha and
. SzSS are
each other. two instruments
:S£5S£s.l««=
eaclrother ? A- U‘»-vou tm.Hiel. whethor, before
your instruments, «s^described m
"S'E a > ' « 1 v,
<leJ"SA* P mcttadi? n opposite directions or
the same direction.
q. Hovliich', inthesameor in opposite directions?
A- 'was'it nsuTthesame direction? A. Prac-
dependence of one ins '» 1 £ tlleir ,na-
r “r
night and answer questions about
"T^^eBosschaand^^^
tically oP^«^^n«fects in it that I should
' iSgerei'idcred it 'totally inoperative.
300
Re-Cross examination by Mr. Dickerson :
Q. IJoos not the Kramer nmchiniu duplex and
quadruplex, use n reverse current which operates
the two polarized relays, and an increased current
and quantity current that operates the neutral re-
1232 lay 2 A. So far as these qualities and currents go,
Q. The neutral relay is insensible to the reverse
current when one or the keys is ulosed. and the
other is working two reversed currents t A. 1
would not like to answer questions about that ma¬
chine until I examine it more carefully and thor¬
oughly. 1 can answer that question to-morrow
Q. Now, in your machine the polarized relay acts
entirely independent of the neutral relay ? A. Yes.
Q. And the neutral relay entirely independent
of the polarized relay ? A. Yes.
Q. So that each one of those two relays, if it
were heavy enough and noisy enough, might ho its
own sounder ' A. Yes.
Q. Yon use two keys and two receiving relnvs
and two sounding relays in !)!) ' A. Yes.
Q. You have got two receiving main line relays
and you I two sounders, one connected with
each one of tho main line relays f A. Yes.
Q. And it is necessary in Ofl'to have that second
sounder on the neutral relay »
A. We have got to have a sounder, to read the
message from.
1284 Q- Suppose you don’t have any sounder, then
the neutral relay, would give a false signal to the'
ear, would it not? A. Y.es.
Q. Therefore you must have an auxiliary sounder
or an auxiliary relay of some kind ? A. Yes
Q. In order to prevent false signals '
A. Yes, sir.
Q. You have got in 00 two main line relays, and
t«o sounders. Bossclm’s machine has three main
line relays and two sounders 2 A. Yes.
Q. You have reduced, by your mode of using
the reverse current and the quantity current,, the •
three main lino relays to too ? A. Yes.
Q. Which reduction results from the fact of the
independence that you have given these main line
relays ?
A. Yes; Bosscha don’t work his polarized relay W35
• by reversals as 1 do.
Q. But lie uses the. reversal of currents 2
A. Ho makes port of his signals by no current,
whereas I always reverse. He makes half of his
signals by no current ; it is an entirely different
thing.
Q. I am not. asking you about the merits of your
invention ; I have no doubt but that it is a new and
valuable one ; I am getting at the distinction be¬
tween your invention and Bossclm’s.
A. I am not well informed about the device you
speak of. 1 can examine the drawings to-night 1 236
and place myself in readiness to answer such ques¬
tions as you may wish to put to me about it.
Q. The two messages or signals are just as per¬
fect when they come out on the sounder in Boss-
elm’s and Creamer's machines as they are on yours ?
A. I don’t know.
Q. They have got two sending keys ?
A. Yes.
Q. And onu sending key is designed to produce
a signal upon one of the soundera, and the other
sending key is designed to produce a signal upon
the other sounder ? A. I believe so.
Q. So that the messages are not mixed up, at all ; 1237
each comes out on its own sounder?
. A. I believe so.
Q. So that the question of General Butler, that
you sent two distinct messages on your line— dis¬
tinct one from the other — has no proper founda¬
tion, in fact, has it ? Don’t both of these instru¬
ments send- two separate and distinct messages,
which, from tho time they are sent until they come
out, are so far separate that one does not interfere
' with tlie other ?
A. Bossclia’s machine does not send messages,
You think tiiey would not work ? A. Yes.
Q. Suppose they worked.
1238 A. How can you suppose it, when* they don t;
vou can’t make them work according to those dia¬
grams’ You hold me to diagrams ’
Q. There are no keys shown on those ■ diagrams,
are there "! A. I donrt know.
Q. There are no relay magnets?
A. They seem to leave a good deal to the imagina¬
tion. ■ _ , ■
Q. There are no relay magnets? A. Inhere?
Q. In the diagrams' or drawings of those nin-
° aT I don’t know; I told you I was not fnniilinr
.with that machine.
1 239 q Thore no veiny magnets and no arnmtures,
are there, shown oh those drawings ?
A. If I lmd Prescott’s book, T could tell you.
Q. 1 don't ask yon whether these two instru¬
ments would operate or not ; that is another ques¬
tion ; I am merely asking you about their arrange¬
ment, with a view to have them operate?-
A. You must add something to them.
Q. Some of those things which are common to nil
telegraphic instruments, are not shown here. There
are two keys that are not. shown on the drawings,
which belong to the instrument. We will suppose
1 240 tlie keys are shown f
A. I should think it would be essential to allow
bow they reversed, increased nml decreased.
Q. I will ask you this question,- whether in your
invention case 09, and in Bosseim’s machine, the re¬
sult is not such tlmt, supposing bis machine to work
when one key is touched, one signal is supposed to
go over theline, mid eoine on ton- one sounder?
A. Yes.
Q. And when the other key is touched the signal
is supposed to go over the line on the other sound¬
er ? A. Yes.
Q. The result of tlie arrangement is that the ulti¬
mate sounder tlmt delivers the signal to the listener
, is dependent upon one key at the other end for its
I action and not upon the other key ? A, Yes.
J Q. In tlmt respect the two are alike ?
•A. They both send by reversed currents ; they
both purport to send two messages in the same di¬
rection.
'■< Q. And they do tha t by the use of reverse our-
I rents and increased currents !
]: A. In my arrangements I send one message by
||: increased current and decreased current, and tlie
Ipfe other by a reversal of these currents, and in the
p Bossclm machine lie sends one message by increased
S. j|. current and nothing, and the other by reversal and
nothing ; where one operator. with a 50 cell battery
j ;#. sends a message over tlie wire in one direction, and
-■HU another with a 50 cell battery sends one in an op-
posite direction they neutralize eacli other, and
! ' ” there would be nothing on the line.
[ .. Q. But the question I put to you is true, is it
not? A. In one sense it is.
S ill ^ Q- It is absolutely true, is it not, tlmt both do
4J;' use reverse currents and increase currents i
A. In a certain sense they do.
Q. But tlie arrangement of relays, keys, and
sounders is so different between the two machines
'HP** tlmt in the mode in which Bossclm uses the reverse
WaM current and the increased current is different from
iiiSIp the mode in which you use them? A. Perhaps it is.
J|l||||| Q. Don’.t you think it is? Don’t you think the
«ia§aB|p combination of machinery — of relays, keys, and
jpgfljp sounders in your mucliine is such tlmt the inode of
raraSR using tlie reverse mid increase currents is different
I1’01" I*10 ,no(I° by which they nro used in tlie
Bossclm and Kramer machines ?
,.£&&§- A. They differ.
* #11 - - _ - ' ! 1 u
■/
Q. flint difference depends upon the fact that
yon use two independent main line relays and lie
uses three, and then makes those three cooperate
with each other!
' A. That is not all the difference.
ton Tlmtia 0116 difference ? A. Yes.
. Q. And this difference is that you keep the con¬
tinuity key closed so that the current always acts
upon the neutral relay during reversal,' whereas
in lus case when he opens one of his keys there is
a cessation of the current 1
A. That is the second difference, and the third is
that it don’ t work.
Intermission.
805
• Afternoon, May 2, 1877.
Q; Look at page 831 of Prescott’s hook,' Exhibit¬
ing Kramer's method, and also on page 830, in
which there is a figure 403, and state whether you
understand the mechanism intended to be repre¬
sented by the two diagrams tlmt are there!
A. I could not tell whether apparatuses marked
A 1, A 2, or A 3, are polarized relays or carbon re¬
lays.
Q. Not by looking at the drawings, but looking
at. the text? .
A. With that exception, I understand it
Q. Suppose this to be an accurate description ;
by looking at the text you find there are separate
relays A 1, A 2, and A 3, while the armature relays
only are represented in the figure ; you understand
there is an electro-magnetic relay to operate those
- armatures’ levers and armatures?
A. I notice they have retractile springs, which are ,040
not essential, and are not used on polarized relays.
Q. They are used for polarized relays (
• A. Not in the ordinary sense,' except for some
special purpose.
Q. They are used sometimes on polarized relays 1
A. Perhaps they are used— not on simple relays
that transmit signals by positive and negative cur¬
rents.
• Q. Armaturesjll 1 and R 3 are polarized, so that
the former responds only to negative, and the lat¬
ter to positive currents of any strength : R 2 is a
soft iron neutral relay, but is adjusted so ns to’ res¬
pond only to currents having the strength of Q;124''
you understand that statement? A. Yes, sir.
Q. That means that there are two polarized re¬
lays; one of which responds to the positive, and
.one to the negative current ; and there is a neutral
relay which requires twice the strength of current
that the 01110141 do, to work it ? A. Yes, sir. ’
Q. Then the machine is so organized, tlmt. the
.operation, of these two polarized relays, in combi-
nation with the operation of the neutral relay, will
transmit signals through the sounders N 1 and
N 2; the polarized relays, when one key is
touched, and the neutral relay when llie other key
is touched ; that is so ? A. Perhaps they would.
Q. Figure 403 is a continuity preserving key, or
48 an arrangement to preserve continuity on the
line?
A. It is a device for throwing in and out battery,
without disturbing continuity of the circuit.
Q. That maintains metallic connection 2
A. Yes, sir. . ,
Q. With the power to throw in and out a bat¬
tery, so that the machine has got in it.a continuity
preserving key or combination here? A. Yes, sir.
Q. And at the same time the power to throw in
and throw out battery ? A. Yes, sir.
Q. There is an objection to that arrangement, be-
cause it short circuits that battery, and burns it
. out ? A. That could be obviated.
Q. There is that objection to it 2
A. According to what battery you use.
Q. Any , battery — it is working faster on short
than on long circuits 2 A. Yes, sir.
Q. That, is an objection in the economy of the
machine? A. Yes, sir.
Q. No' objection to its operation?
A. No, sir; it eats itself up.
Q. It is an expensive way to produce the effect
of continuity, and cutting in and out battery ?
A. Yes, sir. '
250 Q. But it is operative for all that? A. Yes, sir.
Q. Thi n supposing that, key to be in the line, and
the relays to he provided with their. electro-magnets
as is suggested, and the machine to be set operat¬
ing, having two keys for that purpose ; then you
could send the kinds of currents that, are described
here, through, the line, could you not?
A. It could be done. •
Q. But when you talk about a current of 2, and a
current of one. that coilvevs to vonr mind the idea
that you use in the one case a battery of a certain
number of cells, and in the other case a battery of
like kind with twice the number of cells 1 A. No.
Q. Whitt does it convey to your mind?
A. Double the strength.
Q. It is not double the size of the plates?
' A. Two of those cells have the same amount of
electro motive force as a carbon cell. \
Q. 1 said of the same kind 2 . A. Yes, sir.
Q. I mean twice the number of cells of the same
kind? A. Yes, sir. '
The CaurL— It has double the power ?
A. Yes, sir. '
Q. Therefore, that conveys to you this idea in a
shape that, to your mind, would enable you to do
it, from that description ? •
A. You mean transmit these qualities?
Q. Yes, sir ? A. Yes, sir.
Q. You could not do it, without making an in¬
vention? A. No, sir.
Q. Yon could not' connect a battery to that line
with that key, and then put another key up with
another battery of twice the power, without mak¬
ing an invention, under this description ?
A. Yes, sir.
Q. It being described here, that a •continuity
preserving key, and a battery operated by it is to
be connected to line with this set of receiving in¬
struments, and that there is to lie another one con¬
nected to that line, with also a battery of twice the
strength in it; you say it will require ah inven¬
tion under Mint description to apply it ?
A. It says: “A negative current having the
strength of one, a positive current hav¬
ing the strength of two, the positive current having
the strength of'one, and no current.”
Q.' Yes, sir?
A. T snjr that Hint would require a' man, perhaps,
nn hour to figure it out, and I consider Hint hour’s
work as an act. ot invention.
Q. You have not read all the description ?
A. You asked me about, the diagram ; you kept
me to that.
l OnA Not to fll0s,! velY "'01,ls- Now, sir, having a
battery of a strength of two, with a positive end lo
hue, and then a battery of a strength of one, with
negative end to line put in, then the effect would
be to a certain extent to neutralize the stronger
battery, would it not?
A. Do you mean the one having the strength or
*5 -d the other having the strength of one.
A. Yes, sir ; to some extent there wouid lie some
of it neutralized— half of it.
Q. The. result of that would be a positive
strength of one ? A. Yes, sir.
1255 Q- That is a very familiar thing in elcctricitv _
done by you a great many times ? ' Yres, sir. ‘
Q. A common thing to make one battery to work
through another and to have tine neutralize the
otlier to the extent of its force, leaving the residue
to go to line. A. Yes, sir, that is common.
Q. It does not require any invention to do that ?
A. Yes, sir ; it did.
Q. Sometime or otlier ; but I am speaking of this
tiling?
A. Not if you show it to a man; it does not re¬
quire any invention.
Q- Is it a n old invention ?
•IZjb A. I don’t know about that.
Q. You have known it a great many venra ?
A. -Yes. sir.
Q. Long before these inventions of vours were
made? A. Yes, sir.
n„Q' Yo;* asked, which of those inventions in
the numbered series 04 to 10(1, was found in Ex. 0,
Skh’bhT tl,afc .Y°« to Mr. Orton, February
ICtli, and you picked out 07 as a complete one, and
m speaking of this
said that that agreed with diagram 13 in the bundle
of drawings given to Mr. Orton 1
A. Did I say exactly agreed ?
Q. I will read you what you said you wereasked:
“ (Q.) Are any of the inventions which are ex¬
hibited in these diagrams embodied in the appli¬
cations which are in question in this suit, that is 1£
“ to say, 04 to lfJOand 111 to 113?
“(A.) I think there are some.
“(Q.) Now, will you look at Exhibit 0, and tell
“us which of the diagrams that are mentioned there
“are included in these applications? •
“ (A.) There is one complete invention, and the
“application of the principle in the other.
■ “ (Q-) Which is that numbered in the diagrams?
“(A.) 97 is the complete one.
“(Q.) Wliat is it in the diagram ? (A.) 13.
“(Q-) Then I understand that what is marked in
“ that diagram, duplex 13 is substantially the same,,,
“as case 07? (A.) Yes, sir.” '
Q. Do you wish to say so yet ? \
A. Let me see the paper.
Substantially the same filing, except there is a
a mistake in that diagram ; one thing has been left
off by mistake.
Q. No matter about tlio mistake ; lam speaking
of what is shown on the papers. In the first plnce,
that No. 18 would not operate, at all, ns a duplex,
as shown on that paper, would it ?
A. No, sir; there is a mistake in it.
' Q- There would ho a short cut home on the re¬
turn current ?
A. There is a mistake in it.
Q. The mistake consists in the circumstance,
among other, thing, that there is no line connection
from the relay to earth, through a rheostat ? ‘ ,
A. I neglected to draw' that line ; the intention /
is the same/ . /
Q. That thing simply would not operate at all ? /
f Q, Then the thing in 07 lms got in it an essential
/element not in this, to begin with ?
A. If yon mean to coniine it. that way, it has. It
is obvious to any. person that those are the same..
The principle is exactly the same. It is equally
■ _ obvious that there is something left (ill.
q To whom is it obvious !
A. To a person versed in the art.
Q. Then if you gave it. to a person versed in elec¬
tricity you think he would put. in those things'!
A. I think he would say : “Edison, yon Imre left
.VgT jlie ftlieostat,” and 1 would put it in.
J Q. There is something else loft off?
I A. Not necessarily.
j Q. There is something else in 07, which is an im-
! portent clement of the combination not there ?
| A. It don’t make any difference; those two are
J the same, providing that is in, or providing you
fit put in that, still it is the same, only one has more
\in: it than the other.
Q. I want a comparison between the things them¬
selves ; there is another element in 07, not on that
^ Q* And Hint is the* static discharge compensator
for the purpose, of. neutralizing the effect of the
static, discharge of the line.! A. Yes, sir.
Q. Now, taking into account only the double
battery, and the relny for the purpose or a duplex,
that is the same thing as .Steam’s, except that iii
Steam’s there is a double, winding of the core, and
1202 there is a double battery to take the place of the. .
double winding?
A. It is an entirely different thing.
Q. That js wlmt is done here— a double battery
in* the place of a, double .winding?
A. , That is the difference. It is a big difference.
- • Q. The use of the two batteries in that, way on
the line, to cut one or. other in, was not new with
you 1 A. In that way ? •
t'-’° lotteries, to cut one orotlieririto line
the purpose of circuit, was not new with you ?
A. I don’t understand that question
Q. Now, having two batteries to line, one or
X'S™!™"'
Q. And cut one out? A. It don’t out it out
A. In that relation, yes, sir.
Q. Not in that relation, but of itself?
about TJl'i's- ,V 0" We are talking ’
.A?."1 asking about the separate elements of
the tliing-tliese two batteries both' together to
lino? A. 1 don’t know but that is new.
Q. Do you know whether it is ?
A. I don’t know the fact.
Q. Now,- sir, I will read from the printed case
234 ; you claim there fain S
si lion* t„ e-wh °"?S “ a,ld *’ connected in oppo- 1204
"'V'° e u,h oMlel '*» the circuit, containing the
iheostnts d, e, magnet X, receivinir mmrnnt % in
com binn tfon with the lino circuit; /‘^thromrh 7/ Vim
a,™*1 ,. „„ izti :i:: .
kej 01 lever Ay the parts being arranged for opera¬
tion substantially as -set forth,’’ that is whatyou
claim as your invention ? y
A. That is what that claim is.
A' Yes UTbi"lUi'm of ‘'“we things together?
J1'®" in *>'« picture, that you gave Orton, sev-
Q. Therefore’ itivould not be correct t6 say; that
Q. It is strictly a combination ? A. Yes, sir, in
that sense.
12GG Q, The combination of 1, 2, 3 anil 4, supposing
those numbers represent elements, is not the same
combination as you understand it. as 1 and 8 ? A.
No— not the same thing.
Q. There is no equivalent here in these drawings,
in exhibit 0 for the rheostat, in 07; nnd tile ground
connection or artificial line, is there, in 13! A. No,
Q. They asked you this question “ Is there any
other of those diagrams (Exhibit 9) embodied in
these applications ? A. The principle of one of them
is embodied in case 90. Q. Which one 1 A. Six-
1267 teen-” Tllen the question was, “ Then, as I under-
' stand you, the principle of wlmt is embodied in
those diagrams duplex 10, is embodied in case 99 ?
Q. The principle is you say !
f ' A. Yes. sir.
Q. You meant by that, did you not, the princi¬
ple of using twocurrents of two kinds of electrici¬
ty, one of which is the reversal and the other the
increase 1 A'. Yes, sir.
Q. So far and no farther, they are alike ?
A. Well, they both have polarized relays, nnd
both have sounders and keys and butteries.
12G8 Q. You have said that so far as the principle is
concerned ; now, I say so far nnd no farther — bow
much farther ? .
. A. As I have mentioned.
Q. Both have batteries; all telegraplisliave those !
A. No, sir.
Q. They have all batteries or some other genera¬
tor of electricity? A. Yes, sir.
«l^e?rA.SS,Sf iU0° n,Ul 10 k6yS tho«
Q Sral?’”!! t0 °°,Teot Hmt 2 A. No, sir!
orain^
Q. A" ordinary key? A. Yes, sir. 1269
coot fiT ,S 1,0 8Ueh thin£ i,s in case 99 ex-
cept fo. he purpose of operating the local is there*
A. h or signalling. The devices are different
wo®",11 tho kuys are tl10 same ?
A- " oM> th°y '‘re- Let me see you make then,
»«y a„ ai«,.i„r;isy
tiiej aie the same keys.
Q. In diagram 1G the key is a single Morse kev
whose one function is when it is depressed to brhm
«mt“t '/° to break
A. I failed to answer that question right • I said
horeweretwou md tiuj were uiJVtaS1*0
11 ] > 0,1 'imt fo go into the question of how
they operate, that is a different thing,
. am going to hare tho distinction between
ttdi !ys,lo'v 1J 00 1 1 JO
nut e tried to patent is a new key ? .
A. No, sir.
v..2-.L0,-'k *"®? 70rtlle claim. ‘-The re-
veraing key/, made with the arm i, springs l/ ami
101
A. There are two lands of keys. My answer was
1.... .. WMido to o^fcot byjoosslng tt witii
, yoni: linger, but T
With the linger!'
Q him talking about tlio key which control
^“nSSjS Siloes that that controls Jj
1272 Q. The linger key ol the operator merely P»
the trieger? A. That is the control.
O In8 that sense it is the control ! A. Yes, Mi.
Q That key merely pulls the trigger for a l>»
teS to operate « key which contain the signals (
q! S second key may he worked by the ting
or by the battery, as you say ! A. Acs, sii-
Tf von mean . to. say that the two Morse ke
iuQ0!) which open and close the local circuits win
local circuits operate the sending keys-if >
mean to say those are Morse keys, that I agree w,
— that is all you mean tasay 1
12*5 A Yes. sir ; that is ml. .
Q But Morse keys would not work 00 it put n
theline, aud controlliug the hue current?
A. I notice that one of tile magnet keys, o
“'Q.’^dernS iug.r Kb »»'««.• about that;
swer my question ; Morse keys, put in thui.
! not work the line ?
I 1 a. If put in properly ; yes, sir. ■
Q. A Morse key ? A. One Morse k .y.
O Two Morse keys, one on each of tlie on on
that is, the quantity circuit and the reverse 1
i 274 The Morse key would be ot no use there?
jj
it could be done ; 1 say, yes, sir. _ • .
Q. I mean, could the result ot maintaining
tinulty ot circuit, and at the ~in... time ic. 3
the battery by a single Morse key, be done by any
means on earth ? A. Yes, sir.
Q. The single key will do that ?
A. Reverse and preserve continuity, do you
mean ?
Q. Yes, sir : preserve continuity, reverse the
current in that apparatus in 09, will that Morse 127:
key that is used here to work the local battery do
that thing?
A. A simple Morse key to reverse the currents
on the wire.
Q. To do tlmt, and at the same time maintain
continuity?
A. Yes, sir ; perfectly easy.
Q. One Morse key ? A. Yes, sir.
Q. Then by adding one Morse key in place of all
this apparatus of springs you get' the same contin¬
uity and the same reversal ?
A. That is another tiling. You have not spoken ^7
ol tlm incren.se and decrease of current. You spoke
of reversal. I say one kqy will reverse the current
and preserve continuity. I do not think tlmt one
key would also, at the same time, increase and de¬
crease the current. 1 do not say hut wliat that
could be done too. The simplest tilings liave not
, Q.TSow, sir ; to come to particulars, look on the
diagram of 09 at the key which is marked/. That
key reverses the current either of one section of the
battery or of both, when it is operated, does it not i
A. It does hot reverse the current of the battery,
lmt. it reverses the direction of , the current of the 127
battery, its it passes into the line?
Q. It. reverses tlie direction, so tlmt in one posi- .
tion of key the current goes to line plus, and in
the other position of tlie key it goes to line minus ?
' A. Yes, sir.
Q. And it does that whether two sections of the
battery or only one are in action ? A. Yes, sir.
Q. And Unit is essential for the purpose of carry¬
ing into effect tlie thing proposed to be done in 00—
that result?
/
870
... ' A. Reversing is essential, and increase and de¬
crease are essential.
Q. To reverse both the original battery,, and
also the added battery when it is thrown in is es¬
sential to the operation of this machine, is it nett
A. I think it is.
1278 Q. Will a Horse key do that? A. Yes, sir,
Q. A single Morse key in there ?
A. One key to reverse, and the other single Morse
key to increase and decrease. '
Q. You want two Morse keys?
A.. To perform two operations, certainly. You
have two here. You ask me to do too much.-
. Q. I am asking you lo do- just what the mach¬
ine does ; there is a key marked /, there?
A. Yes, sir ; I coidd dispense with that, and put
in a Morse key, and arrange it in a pecnliar way,
and produce that effect.
ion Q- Then by taking out the key /, and putting
. J in its place such a Morse key, as is shown in case
H to work the rheostat, that Morse key will, at the
same time, reverse the currents from one section Or
two sections of battery, and produce the snme effect
as this complicated apparatus here does ?
A. Reverse the direction of the current on the
'.line. .
Q. Reverse the ' direction of the current on the
line whether there bo one or two sections of the
battery acting — will it doit?,
A. I think it will.
Q. Have you ever done snclt a thing with one?
. j280 A- 7 think I have *1 think I can bring the dia¬
gram to show it.
Q. That one Morse key put into the poissition of
the key /, will preform all.the functions that key
/ preform; is that- what yon mean to say?
A. Yes, sir; it will probably connect it and ar¬
range wi tli the batteries.
Q. So that the Morse key having one point of
contact, does that thing? A. Yes; sir..
1
877
Q. Canyon bring: us the diagram to-morrow
morning that does that ?
A. Yes, sir, I think I can.
Q. Then all this combination of continuity, pre¬
serving keys worked up into the key /is unneces¬
sary, because it can lie all done with the Morse .
key? 1281
A. At that time it was thought so ; but things
go from the complex to the simple. 1 say now, I
can do it with the Morse key.
Q. Any continuity preserving about- it- ?
A. The inherent principle of the key preserving
the continuity.
Q. Then it- whs in that sense was it that you said
the single Morse key, on diagram 10, in Exhibit I),
was found in this machine ? .
. A. I didn’t say it in that sense at all. The ques¬
tion was put to me if they w«-re similar devices, and
I said, yes— the keys, they are. That is a literal , 000
answer to that question. 1
Q. As keys they are similar ?
A. Yes, sir. They are keys and are used in both
devices and applications, and are used, probably,
entirely different.
Q- Then is the key in this 00, a new combina¬
tion and invention, or is it a Morse key which is
old?
A. AVliicli key do you refer to.
Q. Key/, it is a combination of several articles ?
A. Yes, sir.
Q. Then, do you mean to say to us, that that
key, for which you claim a- patent under your 1283
fourth claim, is the same thing ns a simple Morse
key? A. No, sir. .
Q. Then the simple Morse key is not found
wlien you find that key/?
A; In what- ?
Q. In 00?
A. Why, certainly not ;, the key/, the magnet
key, is in a different place from the common Morse
key.
Q. In, and o£ itself, tlwt hey /, for which yo
claim a patent, is not substantially the same tlun
as the simple Morse key, is it i
A. Why, certainly not. . .■
q Then, in H, yon have the continuit
preserving key of Farmer, so-called 1
A. Perhaps I have.
Q. And in this machine, that continuity pr
serving key lias been modified by an addition to
in case 00 1
A. I don’t know; that was invented by Steam
that peculiar form that I see there.
Q. It is a different thing from the key in case I
A. I think not ; it is the same tiling made in
different way ; it.lilis a different shape and desig
Q. It lias a different function ?
A. As it is applied, perhaps it lias.
Q. It performs a function that the other d<
Q. But. leaving the battery in and doing
work, it performs a function that the other d
not!
A. We are talkiing about the continuity prest
ing key, but liot of the other parts.
Q. I am talking about the continuity preserv
key as constructed and arranged with this cin
connection to it, shown in that- drawing!
A. They are precisely the same thing.
0 ‘Q. So that, the other put right there would
the same thing?
A. to put the other one in and connect it t
way it would be the some thing. *
Q. Where woulct yon connect it ?
A. .1 list as I have connected it here ?
Q. What is the use of that insulator on the
shown here in 00 ?
A. To keep the spring from the lever.
Q. Is there any insulator iii the other one?
A.' It is insulated by reason of the spring' being
placed on the lever, and off on one side. It is the
same thing in effect ; in reality it is the same.
Q. Ill case II there is no insulator on that key ;
there is a short circuit shown in case H ?
A. Tliero is no insulator on the key.
Q. This thing has an insulator on it ?
A. Yes, sir. 1287
Q. And for the purpose of working the other
key no insulntor is necessary ?
A. If the spring was put on the lever it "would .
be.
Q. As it is constructed there is no insulation ne¬
cessary ?
A- All I can answer to that question is, that the
two things are precisely the same.
Q. I am going into the reason of the tiling. You ],«« .
think they are precisely the same, because you •
could make them do the same tiling. I am nsking
about their construction. One of them lias got an
insulator on the spring connection ?
A. If you go into such questions then they are
entirely different.
Q. And tliis would be an entirely new and pa-
tontnblo invention, notwithstanding the other, who¬
ever made it lirst?
A. Because of some little frivolous tiling about
Q. Its construction would ?
A. Not- as against that. I think they would give 1280
him a reference to it.
Q. I am speaking of the straight key of case li,
having no insulator - oif.it,: and making short circuit
with the two batteries .beihg in existence— do you
, say it is an invention to construct.. that key ?
A. Everything is an invention ; but if I should
apply for apatent on that at the Patent Office, and
another limn sent it in, they wonltl give lnm an i
terferenco.
Q. Is it not a new arrangement and combinati
at pans to make tile key that is in 90, notwil
standing the previous existence ol the key that
in If, involving an insulator as one of its element
A. It is a now design.
Q. An insulator is one, ol the elements of tl
new design?
A. In designing it, it was essential to use tin
because it is designed in a different way ; it is t
same thing designed differently.
Q. It either is.or is riot, in your judgment, an
vention to make the key in 99 when the other t
isted ; now, which is it — after the straight spring
case II existed 1
A. It is an active invention in designing that i
paratus.
Q. You talk about the principle, as the tiling
shown in this diagram 10, in Exhibit 9. tlmt cam
be made to work two signals from one end of 1
line on one wire ?
A. It could be made to work— yes, sir. _
.Q. How would you do it ?
A. Put some of the devices shown in 99, on it.
Q. And take off from it some of the devi
shown there — you must do that also 2
A. No— put both magnets in the same circuit.
Q. Ho you mean to tell the Court that dingi:
lit in this paper, could be made to work, maki
two signals over one wire at the same time, leavi
those batteries and two magnets in the arrnn
A. Do you mean in opposite directions ?
Q. Two signals at one end.
A. I answered that question, by saying no ; y
could not without putting in some devices.
Q. Would it not bo necessary to take out so
things here, ns well ns put some in ; namely,
"take out one of those batteries and one of those
something. . . " ”ml t0 tako 0116
in on uTf°re,’ n°t0nly ,mvo you to add tlie things
to y i" T tH„take 0,,t «“ t’»iugs that are
m 10 to produce the effect? A. Some of them.
H.,V yo,‘ ,lave1 «"‘t 'lone you have substan-
tiallj a different machine, have you not ? 1293
les, air; tlmt is wlmt the patent sin^s.'
. 11 <luPlex machine this thing>liown in iO
is not any better, practically, than the Steam’s dif¬
ferential or other things of that kind, as a duplex
m opposite directions ? 1
A. Only in respect that you might be able to use
"q ‘ TWSf ho an advantage.
11,ose way-stations, however, with this
atus could not.be made to work bofl, Sys ^ou
cmild not alee a way-station work botli ways with '
*°- t,IU* °n to fcliose two batteries and mnn-
"nS Ym°nt !mi"Z anything? "“*■
Q. Add what you please ? ^294
- f,™i »' “« *'■:=
Q- Do you mean to add another wire ?
A. I mean I can add any device.
,0». “V2 lr°11 snW yo,,lS95
A. I ask permission to use anv device t
sired except another wire. 1 de'
Q.- Except another wire— yes sir?
u a°“’1 - *
Q. It does not exist now ? A No sir
IhS,^ ^ ^ lnv®nt something like
Q. At present it floes not oxist? A. No, sir.
Q. This tiling 1ms only tlio capacity to work
rom opposite directions, anil has not the capacity
o work opposite directions both ways, through way
tntions ? [lloforring to 10.] A. No, sir.
Q. The polarized relny in your patent, case II
ms got a retractile spring, hits it not? A. Yes.
Q. That don’t hurt it any, does it?
A. It is put on there by mistake.
A. Is it there on the patent?
A. It has no obvious use.
Q. The polarized relays on the AVestern Union
line, that are working now, have got springs to
hold that magnetized armature ?
A. Some of them have.
. Q. And when you showed Gon. Eckert, and
those other gentlemen in your laboratory at New¬
ark, the operation of case II, which you testified
to, you produced the effect of reversals, in your
mse, by opposing two batteries, one to the other,
md shunting one out? A. No, sir.
Q. Didn’t you have that apparatus there at tlint
time, and working in that way? A. No, sir.
Q. Try and remomber. Don’t you remember
telling me some time ago, that when they came over
there you showed them the effect of your appar¬
atus by opposing one battery to another, and short
circuiting one out, as you needed it?
A. I don't remember telling you that ; both ways
Q. You had that way there?
A. I had that way there.
Q. So that is a practical way of doing it ?
A. lhat is one way of doing it.
Q.. Does not Kramer use in his apparatus, rover
sals m the polarity of the currents, and an increase
and diminution of the strength of the currents for
tlio purpose of transmitting two signals over the
same wire, in the, same direction, at the same timo ?
A. Yes, sir. 1299, L
Q. You also referred to a Stoek instrument, so
failed, in your examination, and containing that ^ /
same operation p did you mean, by th ,t reference,
the French and English patented instrument of 1802
of Deni ? A. No, sir. ’
Q. You knew, or do know, of an instrument in
uhich tlie operation, by moving the crank or tains-
nutting, reverses the current over the line, and then
when he wishes to increase tlio current, pushes
down the key and sends the increased current 1
A. Yes.
Q. That was old before 1800, wasn’t it »
A. Draught be. ’ 1300
Q. (Handing witness paper.) Look at that under
English patent No. 1,000, of 1802, and see whether
Q. lhat ,s an abstract, not the entire patent; it
vas old in 1800, was it not ? A. I don’t see it.
Q. Do you know whether it was or not; do von
mow whether any existed in 1800 in the electrical
rfc ? A. I do not.
Q. When did you iiret know of it?
A. I could not say that. 1301
3 J!‘°n «,0»w«8 a second or another modifica-
'on of it in Mr. I ope s instrument, patented in 1800-
i 70. rer transmitting reverse currents and tlion in-
reiming the effect upon the electro magnetby stop-
A. .That is described in a patent taken out by
i^Pope, or said to have been taken oat about
Q, You had in your hands the other day on tlio
384
si 1 1 ex contract between you and Craig in
1870 ; you romember Mint, don’t you 2
A. I runioinbor seeing tlio paper.
Q. You renieinber reading it, or a part of it 2
A. Yes.
Q. Tliat contained the words “ automatic, or fast
tlie word -‘fast” put in quota-
A. I remember tile quotation marks nnd the
word “fast.”
Q. It was put in quotation marks there as de¬
scriptive of automatic telegraphy ; that was the
subject matter of that contract, wasn’t it 2
A. Yes.
Q. That was in 1870, wo will iix the date exactly
by the contract, and I ask you in reference to this :
Tins question was asked you, “ Was (hero any
technical meaning in which the word “fast” was
employed, among persons connected with the bus-
1 303 i"css of telegraphing prior to April 4, 18712 and
you said, “ I think not, because I heard of it as in¬
vented or applied about that time 2” A. Yes.
Q. It was at least as early as that contract be¬
tween you and Craig in 1S702
A. Perhaps it might lie.
Q. You say the word was invented nr applied
about that time 2 A. Yes.
^ By the Court :
Q. Is that the first instance, in your recollection,
in which the word was so applied 2
1804 A. That is the first ; yes, sir.
Q. You have stated that the word “duplex” was
applied by Stearns to his instrument ; that was in
an opposite direction. A. Yes.
Q. It could not work in any other way, his ’in¬
struments 2 A. No, sir.’
Q. At that time, them was no instrument at
work, by which two messages were sent from the
same direction, to your knowledge!
385 •
A. To my knowledge ; no, sir.
Q. And when yon put one of them up and worked
from one end, then you applied the word duplex
to that also 2 A. Yes.
• Q. So that it came to be applied ns soon as an
object for its application arose 2 A. Yes.
By the Court ■' 1305
Q. As well to messages transmitted in the same
direction, as to those transmitted in opposite direc¬
tions! A. Yes.
By Mr. Dickerson :
Q. You testified something about improvements,
that were put or estimated to be put upon Bain’s in¬
struments, by Little and others 2 A. Yes.
Q. The Bain instrument, as it came, was an au¬
tomatic transmitter of perforated paper and wire,
and a chemical receiver or chemical paper 2 ’ 1300
A. Yes.
Q. As it first came?
A. There are two Bain instruments.
Q. The one that first came?
A. You mean the automatic Bain instrument.
Q. Yes! A. Yes.
Q. The object was to improve the road over which
the current was to pass, to improve the condition
of the wire ; you used the word, in your testimony
“speed” of the wire?
. A. It is not to improve the wire.
Q. Improve its capacity ?
A. Increase its capacity. 1307
Q. When you said “speed” of the wire, you
meant by that, over a considerable length of wire,
the difliculties of rapid transmission of separate
signals increased very much 2 A. Yes.
Q. And that one part of your invention nnd the
efforts of other people was to make the wire cap¬
able of takiug signals more rapidly and keeping
them separate from each other 2
A. Tho object wns to got more signets in a given
time over the wire.
Q. These was no improvement on tile chemical
receiving’pnpor apparatus ? A. Yes.
Q. None of these that have been spoken ot here,
that is the instrument that Bain had, tho chemical
paper instrument, that was the same as is used
1308 now, is it not 2 A. Nearly alike.
Q. No substantial difference? A. .No.
Q. The Bain automatic instrument over a short
line, say 10 miles long, could send some thousands
of words per minute if you lmd the paper perfor¬
ated to put in? A. Perhaps 1,000 ; yes, sir.
Q. And therefore the improvements were made '
necessary ns you had an elongated line? A. Yes.
Q. And that was to enable a lotig wire to send
the signals that the automatic transmitter gave it,
or as nearly as possible approach wliat 'a short
wire would do ? A, Yes.
1309 Q- That was the object? A. Yes.
Q. You said that some of these drawings in
Ex. 0, were in case 98. No. 4, I think you said ?
A. Yes.
Q I call your attention to the first claim of case
9S, on page 00 of the printed exhibits (handing
witness book). That combination is not in Ex. !)
anywhere, is it?
A. It- is a poor attempt at the same combination.
Q. It does not give all the ingredients of that
combination ?
A. I am on the thing itself and not on tlio claim.
Q. I ask you whethernll those elements mention-
1310 ed in tho first claim of ciise 98 are in No 4 Ex- n ?
A. All of them ?
Q. Yes. A. Every one?
Q. Yes. A. No, sir.
Q. I call your attention to the second claim and
ask you the same question ?
A. That is not in hero at all.
Q.’ That is not in No. 4 at all ? A. No, sir.
Q. You. were asked by Mr. Wheeler, «Now I
xri, . y0U, ha“ !1,1P communication with Mr.
Miller before that time, February 0, 1878, with re-
•feience to thesubjeot matter of that letter, namely
tlie letter of Mr. Orton, ot February 0, and you snicl
“Q. Had you with Mr. Orton? A. I don’t re-
member.” A. What letter ?
. Q- ’’lie letter that Mr. Orton wrote to Mr Miller
m February. '
A. That was not my letter.
is thew^'r leMer„‘1.at<!‘l Fel,nlm'.V 0, 1878; that
is the letter I am talking about. You were asked
n you liad any communication with Mr. Orton be¬
fore that letter, and you say, in your answer, that
you don’t remember? A. Yes.
Q. I want to refresh your recollection. Don’t
you remember that before that, letter wns written
by Mr. Orton, Mr. Miller and yourself had one
or two interviews with Mr. Orton in regard to the ■
propositions that you wereYhen making Mr. Orton
oi desiring to have made ?
A' I think it. was after.
Q: You don’t think it was before ?
A. I cannot remember; it, might have been.
Q. But you and Mr. Miller afterwards did have
several interviews with Mr. Orton in regard to your
propositions which Mr. Miller, acting for . you! ,
''as to make to Mr. Orton, for arranging . be¬
tween you and Mr. Orton, about going on with
experiments irnduplex? A. Yes, many ». time.
Q. A ou were asked this quastion by Mr. Wheeler,
speaking of the interviews that you lmd with Mr l:
Orton about the 0th of February after that letter of
Ins to Air Mdler. Was there anything said between
you and linn at that time about arbitration in cast-
yoitnnd ho could not agree ns to the price,” and '
you said, I don’t remember that.” Now. was
there anything said on the subject between you at
my other time than that?
A. I have an indistinct, inini-e«ui„„
Mr. Orton aid to me, “ We e„„ fix it somehow, ami
if we cannot agree, I guess wo can leave it to nrlii-
trntion ; 1 cannot tell when that was.
Mr Ort™ ”’T fr16?"! ,,lso »S«enuilit between •
.:*• 0) tl '.‘ ,,lul Jr,‘. 1 helps in which, if Mr. Plielns
did certain things, he was to be paid as they might •
iixi"
ftieemuit { A. I don’t know that.
sntion^ wl'th'Z n1"em^r |lmt y°u 1,a(1 11 convor-
' tion ind nft ;,? m‘I,ect to «‘is <»bit.a-
wns referred 'to t **«• ' Mr. Phelps
let'aloneany' other.'10 *° remW,",er the
mt£s ita* «■
.ilta1.”'1*"’1 ™*"'~ »"M» Ihn,
. fZZzs&zs&iir —
the Cuban telegraph ? A Y,.^r " est to rePnh'
l316 exfsted^dian-r^t fTr'^Onon'aent""0 °f
<**>**, !»
Q. And that was the state of things when Mr.
Prescott and Mr. Orton were both away ; you were
left under the direction of Gen. Eckert at that
time, were you not? A. I don’t know that
wanted?' fi° t0 Gen’ Ecke, t f°'' "’hat you
A I was, eft pretty mucl! alone; I don’t know
who I was to go to. 1317
O G®n- .®cker‘ w“s hi charge then? A. Yes.
Q. And if you had to go to anybody, it was to
him ? A. Yes. .
v,.™ VT y“".“ «'<“ you could not get on
eclT \ - Yas'1 dl> f ,llve tke assistance you wan f-
7°"r t»'P* from that
loom ana took them away ; A. Yes.
Q. Tlien when Mr. Prescott returned from the
Cuban expedition, you saw him again ? A Yes
„ Q’r A."l].tlu'n h,e told you he would give you all
the facilities, and to go right on again ?
toAijlfhlnkliesaid that after I wrote that letter 1SIS
Q- Did you not receive a message through some-
body, the substance of which was that Prescott re¬
quested you to go back-lie had returned-nnd be
would give you all the facilities you wanted ? '
wt saw t,,e fnciiities 1 wnnted* w,,y ™ I
Q. Iam not reasoning with yon. Did you re
ceive a message to come hack ? V
A. I don’t remember any.
Q.yThen, after the letter of the 10th of May you '
did-.go theie? A. Yes, sir. 7 7 ,31g
4-£TSr.S'--.““
th^.nH,,adala^e n’,n,l,el' tllere *» I came
Q. And then loop lines were brought down from
the terminals into this room foryonr use?
f A. I think they were.
800 .
Q. Anil then nt night yon had the use of a num¬
ber of opera I ova for. the purpose of conducting
your experiments 1
A. Yes, sir; anything I wanted.
Q. And you did have, in Tact, nnmhers of opera¬
tors, night after night, there working the experi-
1-20 ments that you were trying? A. Yes, sir.
Q. Paid for by somebody besides you 2
A. Yes, sir.
Q. And the number of operators was very large—
you have seen lists of them 2
A. Sometimes eight all night.
Q. Paying tlicni for night work ? A. Yes, sir.
Q. You were asked about an agreement with
Mr. Prescott about that time, ai d before that,
which bears date August 10th ? A. Yes, sir.
Q. Now, was not there such an agreement as
that actually reduced to writing and executed 2
1821 A- Yes’ su-
Agreement put in evidence, and 'mark¬
ed Defendant’s Exhibit 30. May 3, ”77.
It is between Prescott and Edison, and is
dated .Inly Oflt, 1871.
Q. You said that paper had been withdrawn, and
the one of August 10th put in its place ?
A. Yes, sir.
Q. Will you explain why that was done.
A. By the advice of the Patent. Solicitor.
Q. Mr Serrell 1
_ A. Yes, sir; lie said there might be some com-
1322 plications arising hereafter in taking out patents
jointly.
Q. When that paper was drawn you supposed,
did you not, that Mr. Prescott might properly be¬
come the apparent joint inventor of those things by
reason of your having conveyed to hint ?
A. That if he would assist in perfecting some of
the parts, and. help me,. it .might under the law
allow him to be. entitled to take ont the patent with
me jointly.
Q. That was your impression of the law 1
.A. Yes, sir. . ....
Q. And this contract was drawn under that im¬
pression ? A. Yes, sir.
Q. And Mr. Served advised you to the contrary ?
A. Ho advised that perhaps I had better not do
* Q. Was that after it was made? A. Yes, sir. 1323
Q. Mr. Served was employed by Mr. Harrington
and by you also 2 A. Yes, sir. ’• .
Q. And that contract which Mr. Served advised
you about was known at that time to Mr. Harring-
f°A. I believe I took that contract and showed it
to Mr. Harrington.
The Court. — Which one ?
Mr Dickerson..— This very one— Exhibit 30.
Q. At that time you were spending a good deal 1334
of time in the Automatic Company’s place of busi-
A. I used to cad there every time I was over.
Q. Every time you were in town 2 A. Yes, sir.
Q. How often i
A. Well, every other day, perhaps.
Q. It was Mr. Harrington’s ofli
A. The Automatic Company’s
Q. Mr. Harrington was there 2
Q. It was his place of business
Q.' He was- permanently there i
Q. Mr. Reiir was also there 2
Q. He was an oflleei'utjthat tinn
office.
A. Yes, sir.
2 A. Yes, sir.
A. Yes, sir.
A. Yes, sir.
e oftliat company l-ldoy
A. Yes, sir.
Q. Ho was permanently there 2 A. Yes, sir.
Q. This contract was talked over then between
you three, was it hot 1 , .
A. I believe it was— perhaps not together but
SUQ.UNow, sir, going back a little further ; when
you went into the Western Union Telegraph Com¬
pany’s concorn under your agreement with M
Orton of February, 1873, was not that also com.
municnted and well known to Harrington nncl Hr.
Reiff ?
A. It. was a matter of common conversation ; they
knew I was working there.
Q. You tolcl them wlmt you were doing there all
that time ? A. Yes, sir.
Q. Hid Sir. Harrington say to you that that was a
violation of your contract with him ? A. No, sir.
Q- He made no such claim?
A. Not in those words.
Q. Substantially that — did In; claim that you had
no right to be employed by the Western Union
Company to make duplex?
A. He never said I had no right.
Q.That continued until after this (pindruploxjnimo
out?
A. Yes, sir ; I am referring previous to 1874..
Q. Previous to making the Prescott agreement of
. August, 1874? .
A Previous to that he had not.
Q. They made no objections up to the Prescott
agreement to your making duplexes for the Western
Union Company, and being employed by that com¬
pany in the manner in which they knew you were
employed.
Mr. Wheder. — Whom do yon mean by “they”?
Mr. VUikerson. — Harrington & Reiff ?
A. They said I hadn’t ought, to do it.
, Q. Hut they claimed no right ?
A. The contract was not mentioned.
Q. No contract mentioned. The improvement
of tlie Wostern Union Co.’s apparatus' militated
against the interest of automatic, did it not?
A, It might alfoct their great improvements.
Q. It might militato against that interest 1
The Court.— W as any reason assigned by them
803
when they said you ought not do it. I do not ask
you for the reason ? A. Yes, sir.
Q. AVIiat was it? A. Have I to answer that?
Q. Yes, sir.
The Court.— You must, if it is insisted upon.
A. It might hurt them.
Q. The Automatic Co. ? A. Yes, sir. 1329
Q. Don’t you remember that you gave to Mr.
Serrell eight powers of attorney in blank for the
purpose of being us^d by him in the withdrawal of
the cases A to If in the Patent Office ?
A. I revoked the powers of attorney to Munn &
Co., and substituted Mr. Serrell instead.
Q. You gave him 8? '
A. A power of attorney with each patent ; yes,
Q. Prom A to II ? A. Yes, sir.
Q. For the purpose of being used by him in •
effecting the amalgamation (I will use that word) of
the cases of A to Ti with those which were then going lrtdu
through his hands from 94 to 100, and so on ?
A. Well, perhaps for that purpose, and perhaps
for other purposes — as attorney for the procuring
of those patents in place of Munn & Co.
Q. And to deal with the former applications in
that connection ?
A. To deal with them iis attorney in procuring
those patents.
Q. Were not powers specifically given also to
withdraw those applications : . _
A. They were the usual powers of attorney given
with a patent— the same power of nttorney that 1 1331
would give if I intended to get, out a patent— the
usual power of attorney.
Q. A question was put to you as follows : “(You
“ were asked in regard to the use of machines de¬
scribed in case //sons to mnkc it practically
« operative to transmit two messages in the same
“ direction ; you said it could not bo done without.
“ adding something to it. A. Yes, sir.
11 Q. Wlmt. would you add to case II in order to
1 enable it practically to operate for jlic Imnsmis-
1 sion of two messages ill the same direction 2
“ A. I enfold add a number ot things ; I could
‘ add some ot the devices shown in case 00.
“ CJ. Which one?
“ A. Immaterial which, both good.”
Q. Meaning both tho bug-traps’ A. Yes, sir.
[Heading continued by Mr. Dickerson :] “ AVere
1 those devices known at the lime ot making the
1 application for case III A. I am not sure.
“ Q. Look at that, (that is case 00) and see ?
“ A. I could not say.”
Q. You don’ t remember how tlmt is ? A. No.
Q, Were there not equivalent devices which were
known at; the time ot making the application 2
A, Devices well known, but the applica tions per¬
haps were not made.
Q. “You say tho devices were known at the time
“ of making tho application in case II, which would
“ accomplish this result 2 A. Yes sir.
“Q. Sending two messages at the same time?
“A. No, sir.”
A. That must bo a mistake; I guess I said yes, sir,
in place ol no, sir
Q. I am going to ask you a question to clear up
the matter. Do yon wish to say yes, there? .
A. I think I do j I don’t quite understand it.
Q. I don’t think you do, but it is for you to say ?
A. I think I am under the impression that I snid
yes, because at the time I made the application for
case II, I did have that ; therefore my answer
would be wrong ; 1 testify that I had.
' Q. I11 that point ot view you are light-yes, sir,
instead of 110, sir? A. Yes, sir.
Q. Now, looking at the fifth claim of your appli¬
cation Ot), you will see these words : “ Tho receiv¬
ing instruments or sounder,- in tho constant circuit
from the battery U, in combination with the bal¬
ancing local If, circuit and circuit closing awn S,
SO 0
and electro-magnet 0, substantially ns set forth.”
That is a claim for tho bug trap, is it not ?
A. That combination fo; that purpose.
Q. And you thought you wore the inventor of it,
when you made that?
A. I perhaps was not tho inventor of the device,
but the application — the device as applied for that 1385
purpose.
•Q. Tlie elements themselves are old 2
A. The sounder and battery are very old.
Q. You mean by that you were not the inventor
of the battery, nor tho sounder nor any of its ele¬
ments? -
A. Perhaps I was not even the inventor of that
combination, but .1 was tho inventor of that com¬
bination to effect a certain result.
Q. Yon wero- the inventor of combining together -
those two elements to produce this result, and
you believed you were so at that time? 133G •
A. Yes, sir.
Q. And at that time, so far as you know, there
there was no such combination in the world ?
A. Certainly not.
The Court. — You mean the combination that is
here described with the apparatus to produce this
result?
Mr. Dickerson.-- Yes, sir.
Q. That combination is the. bug trap, is it not?
A. Yes, sir.
Q. And up to that time, so far 11s you know, 1337
there was not .any machine in existence that re¬
quired a bug'trap ? A. No, sir.
Q. The bug was developed by your invention ?
A. I will withdraw that answer. There, were sev¬
eral that needed it .very badly, but it was never add¬
ed on to them. -
Q. You invented this bug trap to remedy that
evil which was peculiarly developed in your inven¬
tion? A. Yes, sir.
:«)<s
q x will mwl tin extinct from your testimony.
Brother AVheclor said to yon : You were ask- .
ed by Mr. Dickerson, on Monday, tins question :
“Taking the invention of 09 just as it. stands, witli-
“ out adding to it or taking from it, does that tiling
“successfully and economically develop into prac-
133S “ deal use tlie Little or otlior system of automatic
«or fast system of telegraphy? And you said,
“ If you coniine it that way, of course not. You re-
“ member that, and you said, Yes, sir. Now, what, if
“anything, would you add to it, in older tonccom-
“ plisli the results statedin that question. A. Auto-
“ malic iiistriinieuts. Q. Will you make a draw-
“ ing of how you would do it ? A. Am I boniid
“ to make the application. Q. I will ask you this
‘ ‘ question. If you add to ease 09 aw automatic trans-
“ mitting instrument would that accomplish the
“ results stated in Mr. Dickerson’s question ? A.
non “ Automatic transmitting and receiving instruments
Ioo“ — yes, sir.” Did von mean by that to say that
taking the machine exhibited in tlie drawing of
00, and adding on to it the automatic Ininsnuttci
and chemical receiver at tlie other end, that that,
addition would successfully and economically
develop into use the Little or other' system of
Automatic or fast system of telegraphy ? A. It
properlyapplied— yes, sir. .
Q. No; applied as I have stated. Now, leaving
case 99 as you have it, and then adding to the tail
end of it the chemical paper in the place of a sound¬
er and adding a transmitter at the other end in
1340 place of the key, did you mean to say that that
thing would, in your opinion, be a .successful and
economical development into practical use of tlie
Little or other system of automatic or fast tele-
grai>hy 1
A. It there is any object in doubling the speed
by which the messages can be transmitted over that
wire, or any object ill obtaining 190 messages in
the same time that you obtain 90 by this process,
'then it would be an economical application, and I
can make the application.
Q. Now, if you did that you would slow down
your automatic system to the speed of the electro
magnetic one 1 A. That has nothing to do with
the question.
Q. I am asking you that question 1
A. That is another question. .
Q. Yes, sir; another question ?
A. As regards tlie automatic ns worked now, and
in the way it would be worked here, it would slow
it down ; yes, sir.
Q. By putting in between tlie_ transmitter of any
automatic chemical telegraph and the receiver, an
electro-magnet for the purpose of retransmitting the
impulse, that would, in place of improving the au¬
tomatic, slow it down 1
A. Yes, sir ; it would slow it down.
Q. 'And the elfect of putting in here this electro¬
magnetic system inside of the terminals of a cliem- 1343
; ical automatic system would be to slow clown the
: capacity of that in respect to the speed with which
. a message could be transmitted 1
A. It would slow it down.
Q. Do you call tlmt successfully and economical¬
ly developing an automatic system of telegraxiliy ?•,
* A. In one sense ; yes, sir.
Q. In what sensei
A. In the sense that you get double the speed
over the wire and got double the amount of busi¬
ness with a given apparatus-on this apparatus— to
apply automatic telegraphy. ^ • ' ■
Q. To apply automatic telegraxiliy to case 991343
would improve case 90 ? A. Yes, sir.
qv To apply 09 to automatic would not improve
automatic, would it?
A. It might, some automatic.
Q 1 mean the chemical automatic, such ns you
had at that time ; the fast system that you' were
then talking about 1
A. It might under certain circumstances ; it
might be good for one man and not good for another.
Mr. Wheelin'. — Bo yon mean in a practical
Mr. Diekenon.— The question that T am patting
13.141s: wlietlier yon moan to say that to put electro¬
magnetic instruments between the transmitter and
the chemical receiver or the chemical automatic tel¬
egraph, would be any improvement to the chemical
telegraph !
A. Possibly there would be a condition arise in
some remote country that it would be actually a
benefit.
Q. I am not asking about the possibility in the
kingdom of Dahomey, but intlie State of New York
and the United States of America ?
The Court.— It would not increase tlie rapidity. of
1345 transmission?
A. No, sir ; he asks me wlietlier it. is an improve-
Q. I am speaking of a beneficial improvement ;
suppose somebody goes down to the automatic line
working to Boston or to Philadelphia, and' should
put into that line mechanical electro- mnguetic '.in¬
struments. the first of which should be a transmit¬
ter, and at the other end of 'the line an electro-mag¬
netic receiver which should pull the trigger of an¬
other local battery, to work the chemical paperma-
1346 c*1*,le’ would you consider that a development of
the automatic or chemical system, in practical and
successful economical operation ? A. Relatively, no.
Q. It would put it buck ?
A. As between what is worked now and this ar¬
rangement here, it would not.
Q. It would put it back — it would' be an' impedi¬
ment ? A. On case 00 ?
Q. No, sir; intlie case T have put to you. We
have a line to-day running from Now York to Phil¬
adelphia, automatic ?
A. Just a straight line.
Q. That can transmit, I suppose, it you had the
apparatus all right, and the paper perforated, as
, you say, 1,000 words a minute to Philadelphia 2 1347
A. Perhaps so.
Q. Now, if you should put into that line a Morse
key to lie operated by the perforated transmitter in
New York, and to send the signals, and put
in at the other end in Philadelphia, an electro mag¬
net to receive the signals upon an armature, which
armature, would open and close the circuit of a
local battery to operate the chemical receiver : you
11 mlersl a ml that suggestion i A: Yes, sir.
. Q. That is a perfectly practical -tiling to do?
A. Yes, sir.
Q. Would that be, in your judgment, a develop
niunt in the economical and successful use of the 1(14:8
automatic or fast system of telegraphy i
A. It would be a development, but not as
against, the one already in use.
Q. It would put it backward 2
A. As against that it would.
Q. Could you send 1,000 words that way !
A. No, sir.
Q. Could you send more than 80 or 1)0. or some¬
where there? A. About 80.
Q. You would pull it down from 1.000 to 80 or
90, by tluit process A. Yes, sir.
Q. You would not suppose that was a very use- ; jj.j 9
fill or economical tiling to do, would you 1
A. It might lie if you could do with less people-
less opera tors.
The : ConH.— ’flint might lie a more economical
process? '
' A. It might bo by tliat process, if you could , do
away with some of the operators.
Q. You could not, could you ; you would lmve
have more, would you not?
A. Perhaps ; I lmve an idea that, you could do
itli less.
Q. In the lirst place, you would have to have
ore apparatus and more batteries ? •
A. Than increase 09 ?
Q. No, sir; no matter about 00.
A. I don’t see why you would have to have any
Q. You would have to have a local battery ti
ork your receiver, which is now worked from tin
ie main line battery on the Bain system ?
A. Not necessarily.
Q. Let mo ask you the questions in detail. Tin
ise that I have put is : First, a perforated turns
it. ter; second, a mechanical or koy transmitter
minted from the perforated transmitter ; now
t would lie necessary to have a battery to worh
lot key, which, battery would be ‘thrown it
id out of circuit by the perforated transmitter?
A. I could do everything with perforators tlmi
ju can do with keys ; therefore, I would not I um
ly keys.
Q. Of course you woidd hot ha ve any key's ; bill
have given you the case of a key to find out
om you whether it would be a good thing to do ?
A. I could even do it then; I could work
e key by the perforations without any’ buttery'.
Q. You must have some power to work the key I
A.^ The power that drives the automatic instru-
Q. The same power that drives it, would also
irk the key? A. Yes, sir.
Q. Then there would be no necessity for the per-
•tor? A. No need for any batteiy.
JJ. There would lie no need of any. perforator, bo¬
use if you made any mechanical motion that
would trip the key-, you would not need a perfm
ated paper to trip the key 2
A. I would use tlio perforated paper to trip tin
key, and I would carry forward the perforate?
paper by hand.
Q. You would cany the- perforated paper by
hand, and then what ?
A. Open and dose the circuit and transmit tin
Q. Then you would not have a key ?
A. I could have a key, certainly.
Q. Then, if you had a key that opened and close?
he circuit, it. would not be opened and closed by
lie perforated paper 2
A. It would be controlled by' the perforate?
laper— practically that is the same tiling.
Q. Not for the purpose of my question ; I wain
o fix y’our attention to the hypothesis that I linvt
liven yon, and not to anything else; my hypothesis
s this: a perforated transmitter, such ns is in use
n the chemical automatic telegraph, inNewYork,
u-day ; secondly', in place of letting that perforated
>n per open and close the main line circuit, use it
or the purpose of operating a mechanical trails-
litter called a key', which mechanical transmitter
liould open and close the main line circuit in place
f the peforaled paper; you understand that.
peak of what you might invent?
A. The battery' could work that key 2
Q. That would he the obvious way to do it, in
uit connection ? A. That would be a good way.
Q. Then I mil going to work that key now ; if it
[iiild 1m .worked otherwise I do not care ; then you
mst. have, in addition to your perforated paper
iiiismitter a key : that is more machinery is it
A. You have got to add more machinery ; I
agree to that.
Q. Then when yon get to the other end of it, yon
have an electro magnetic -receiver, or relay ?
A. Yes, sir.
Q. Which opens anil closes ? A. Yes, sir.
I Q. Then how will it perform the effect ot getting
a message upon the chemical paper unless it opens
and doses' the circuit of a local battery which per¬
forms the office of passing through tin: paper !
A. Shunt a portion of the main line current on.
and let that control the shunt.
' Q. That is to say, put in an unnecessary thing,
and then shunt it out! A. Put in an unnecessary
Q. Yes, sir; put. m the mechanical relay and
then shunt .out the relay, for the purpose of liiius-
A. You wanted to know how I should dispense
1 ' with the battery ; how I would get- around it ; l
simply say that T would shunt' a portion of the
main current through the receiving instrument and
control the shiinthy the magnetic instrument ; that
is just as good as a local ; there is no objection to
Q. Tlint amounts to the same thing as' not hav¬
ing any machines in there, and just taking the sig¬
nals there through the perforated paper !
A. Certainly it does not.
Q. That is, you could have a machine there but.
not make any valuable use of it ; now having done
git,' that way, then would that, in your .judg¬
ment, be an improvement to an automatic liiie’up-
on which you hud these tilings '(
A. In that particular case it would not.
Q. It would be making it much worse !
A. That would be an automatic line and n Morse
line combined.
Q. That is hot a good thing !
A. It would not he li good tiling.
The Court. — It would not be a good thing for the
automatic 1
Mr. Dickerson. — No, sir.
The Witness. — I understand you were talking
about tile multiple transmission ! 1359
Q. When you come to apply a multiple trans¬
mission to automatic telegraphy, then you would
not use any of these electro-magnetic apparatuses,
stall!
A. To make a good application?
Q. Yes, -sir. Would you make such a thing as
that drawing!
A. I might combine some . signalling instrument ■
for the purpose of signalling.
Q. Independently — for several messages !
A. Yes, sir; perhaps I would use one side for
Morse signals, and tile other side for automatic. 1 11(10
Q. That is you would put up two sets of instru¬
ments on one wire !
A. Yes, sir.
Q. I am now 011 the mere qui stioii of improving
the automatic by itself ; not upon the question
whether you would use 11 wire sometimes for one
kind, and sometimes for another. You would not
snv it wiis 1111 improvement to the automatic to put
the Morse system with it! . .
A. They do use it ; we. have to use the Morse
system in one sense.
*Q. That is, you use it to send signals independ- „
ently of tho automatic? ' ‘
A. Yes, sir ; when we are using automatic, we
use Morse.
Q. I speak now of tying them together, so that
the message cannot be sent linlessboth co-operate?
A. It 'might lie economical to duplex a wire and
use one side to signal, and the other side to work
it automatically ; therefore, in that conjunction, it
would be economy.
Q. 7 am nn tlio question simply of, tlio improve¬
ment of the automatic tiling itself, without regard
to whether you would duplicate or quadruples:
coniine your mind to that ; it. would lie nil injurious
thing, would it not, to put into the automatic line
the Morse system, so that the message could not l>u
! sent unless lioth systems or both methods co-oper¬
ated in sending it?
A. I would see no advantage in it myself.
. Q. You would seen great disadvantage — slowing
the speed from a thousand words to eighty would
bo n disadvantage?
A. Perhaps it might not. be in all cases.
Q. Then you think Mr.. Little when he slowed
down the speed of tile old instrument from n hun¬
dred words to eighty, and from some huger number
of perforations to that of seven a minute, he did u
serviceable thing?
A. Ilis patent, says, “Improvements in tele¬
graphy.”.
Q. Do you think flint was an improvement ?
A. Tn my opinion it. was not.
Jie-direel examination In/ Mr. Butler :
Q. With proper adjustment of the automatic
system to quadruples,, would it not improve the
mode of telegraphing by making it more cconohiifenl
and more certain to do it as you would want to do
it — not the way Mr. Dickerson wants to do it?
A. It would for the Atlantic and Pacific Com-
Q. Why the Atlantic and Pacific Company ns
against the Western Union Company— wlmt is the
difference which shows it to be preferable for one
and not the other ?
A; Because that company have not the facilities
that the Western Union Telegraph Company have.
Q. 'Mint do you mean by facilities ? *
A. They have not the transmitting capacity j they
cannot do the business ; they have not so hmiiv
Q.' Then yon could get along with the quadruple
system and the automatic system, with less win
and less 'cost.of niaintainanco ?
A.- As relative to wlmt ?
Q. As relative to the Western Union Company!
. A. Yes, sir; they could do more with the anti
inatic applied to quadruplex than they could wit
quadruplex?
'Jlie Court. — I don’t understand the witness to sn
that the Atlantic and Pacific Company' could d
more with the automatic applied to quadruple
than the Western Union Company could do wit
the automatic applied to quadruplex.
Genii. Butler. — No, sir.
Q. How would it bo as a ma tter of economy t
use the quadruplex with the automatic at one end
and the Morse at the other ?
A. That method, I don’t think would be econoini
cal as some other methods would be.
The Court.— The capacity to receive would b
very much less than the capacity to transmit?
would be an advantage to the Atlantic and Pacifii
Company, to use the quadruplex as an aid to then
. .automatic machinery ?
A. Yes,, sir ; it could be made so.
Q. Now, about this contract which 1ms been in¬
troduced , which was made on the Oth of .Tilly,
(Exhibit 30.) Up to the Oth of July had Mr. Pres¬
cott made any inventions in the line of the quadru-
plex and duplex systems as described in tliis
paper?
A. T think not. . ■ "
Q. Had lie ever claimed to make any ?
A. No, sir.
Q. Who drew up this paper ?
A. Mr. Soron, of Porter, Lowrey and Soren.
Q. At whose request ; at yours or Mr. Prescott’s ?
407
A. I believe Mr. Prescott suggested Mint we
sliould go to Mr. Soren.
Q. Hud Mr. Serroll been yonr counsel nt tlint
time?
A. IIo wns my patent attorney only.
Q. In whose handwriting is this?
' 8 A. 1 couldn’t say.
Q. It is not in yours? A. No, sir.
Q. Hid it refer, ns you understood it, to yonr past
inventions, or only to future inventions, as von two
jointly sliould make? .
A. To past inventions and. future inventions both.
Q. And Mr. Prescott was to swear then when
yon took out the patents, ns yon understood it,
tha t io was a joint inventor of your past, inventions
winch he was not, was lie ?
A. That was tile reason.
Q. for what? A. That was the reason why we
[/ g made another contract.
in Ar •VO"and Xrr- P'hseott carry applications
to Mr. boron Tor the patents under this agreement
"here you both swore you were joint inventors ?
A. I he patent papers were prepared sliowim'
tlinr both were joint inventors, but they were not
sworn to, because I was advised that, perhaps, it
would lie better not to do it.
Q. Who advised that ? A. Mr. Sorrell.
Q. Who prepared those applications which Mr
liotiit1 ln,t 1,iS 1'"nd "l,0,,-y°" or Prescott, or
A. These applications were prepared by Jr,-. Ser-
Orel! — the specif ion tions.
Q. . When lie prepared the specifications, do you
know whether lie understood that Prescott had not
made any inventions?
A. I cannot say.
Q. When lie did understand lie hadn’t made imv
inventions was file time lie stopped it »
Q. Therefore, tlioso wore withdrawn 2
A. Mr. Prescott’s name was.
Q. Mr. Prescott’s name was withdrawn from
tliose ? A. Yes, sir.
Q. And the application was made in your own
*Q. Did Mr. Sorrell state to you that the patents 1372
would be invalidated by being taken out in .
tlio lupno of a man who hadn’t invented them?
A. He told mo they ; would be invalid.
Q. Did Mr. Prescott make any objection to going
on, and do liis part bjr swearing he was an inven¬
tor ? A. lie didn’ t make any objection, no, sir.
Q. If I understand it he was ready to go through ?
A. I don’t know that.
Q. Do you know that lie was not ?
A. I don’t know that ho was not, and . I don’t
know that ho was.
Q. He had only made if solemn contract to do it ;
that is all you know. Then,, by mutual consent
this contract was withdrawn, and given up, was it
not? A. Yes,. sir.
Q. Had Mr. Prescott paid a single dollar, up to
that time, of his own money to your knowledge, on
account of this contract or on account of these in¬
ventions ?
A. At the time of making the contract ?
Q. Yes, sir. A. I think not a dollar.
Q. Had lie paid a dollar between the time of
making the contract and the time you carried the
iirst patent application to Mr. Serrell?
A. I think not. 1374
’ Q. This contract recites, I see, that you luid paid
already S118.25? A; Yes, sir.
Q. I want to bring your mind sharply if I can, to
this question. Were all these inventions for which
you applied for patents— these eight which were to
he issued to you and Prescott, wholly your prior
inventions?
A. At the time of milking the contract?
Q. Yes, sir. A; Yes, sir.
Q. Between the time that the contract wns made
nml the time Unit yon went to Mr. Serrell with the
applications, had he made any inventions or im¬
provements whatever, (lie Prescott) upon those
applications '; A. No, sir.
Q. Bid you understand at the time, and do you
1875 understand now, that Mr. Prescott was to take one
half of all your inventions without paying any¬
thing or doing anything ?
A. lie was to give mo facilities and assistance for
that half.
Q. Had he given you any facilities or assistance
for making these prior inventions, or had the "West¬
ern Union Telegraph Company ?
A, The "Western Union Telegraph Company had.
Q. Then from the time that Mr. Sen-ell advised
against this contract it wns all understood to he
laid aside ! A. A new one was made.
- „hr Q- And a new one to be made 1 A. Yes, sir.
13 ' 6 Q. And that one was the contract of the lOtli of
Q. Between the time of giving tills up and mak¬
ing the contract of the 19th of August, has Mr.
Prescott invented anything'!
A. I believe not — not in those cases.
Q. I mean in tiiose cases. Prom the time this con.
tract was given up to the time of mnking the con¬
tract of the 19th of August, had Mr. Prescott paid '
anything on these indentions?
The Court. — I do not understand the witness to
1377 have said or intimated that any interval elapsed
between those points of time.; I understand they
were simultaneous.
Q. How long after you first went to Mr. Serrell
and ho advised against going on undor this contract,
before you made the ono of the lOtli of August ?
A. Perhaps within a week.
Q. Dining that week Mr. Prescott had not made
any invention that you know "of ?
Q. It is tlie 10th of July. Had there been any¬
thing said in public by the Western Union Tele¬
graph Company, or anybody else, about these in¬
ventions until this article came out!
A. Not to the general public.
Q. I mean the general public. Then this con-
• tract having been signed on the 9th, on the night
was printed wlmt was to be published the next
morning! A. Yes, sir; if the dates are correct.
Q. And the publication claimed that these im¬
provements was greater tlmifeven Morse 1 1QlT-
A. I forget now. 1379
Q. It was about like that ? A. I forget the article.
Q, Let me refresh your memory. Don’t you
recollect that the paper stated that this promised to
be of almost more importance to the people of this
age than Morse’s achievements to the people of his
time 1 A. Something of that kind.
Q. Didn’t it also state, tiie invention is the result
of the joint labors of George B. Prescott and
Thomas A. Edison ! A. I believe it did.
Q. And that; a great deal of credit was due to
President Orton for his scientific aid 1
A. I don’ t know whether it said scientific, but it 1 880
mentioned that fact.
Q. Enterprising policy are the words 1
A; Yes, sir.
Q. Yon were shown by Mr. Dickerson the methods
of Kramer & Bosscha, as delineated in Presflott’s
book, page 880, which are described with reference
• to the; different, position of the keys ; a negative
currant having the strength of one j a positive cur-
rent having the strength of two ; a positive current
having the strength of one ; and fourth, no current!
• A. Yes, sir.
Q. Now, what I desire to ask yon is, as to yonr
first claim of 00, whether it is not a distinctive
1001 difference between that claim and that as described
... ..in Kramer,- that • you- never -work -.without-, a cur¬
rent! •
y.. \\ line Kramer works sometimes without a
current, you always have ajcurrent ?-..'.
A. I always have one current or another ; either
a positive or a negative current.
Q. Now state whether a distinctive difference in
principle (leave out all the manner) between
1382 Kramer s and yours, is not tliatin the case of Kramer
he cannot control which shall be the polarized and
wlucli shall be the increased current : that some
times it would be one and sometimes the other
according to the operator? A. Yes, sir. ’
Q. That is to say, operator A and operator B are
operating a Kramer instrument over one wire and
operator A may start with sending a message by
increase of tension, and operafor B may start by
sending a message by negative or by posrtive elec
clmnae °f *>»«■■««»' may
change from one operator to the other ?
Al 0116 operator may start a message by n posi-
hLT ° a1Certain stre”S«'. and provfded that
the other party does, not send he will always send
• tag,: their batteries will c^tee’alV^odue^diffi
ent-effects-nmong which will be reversing the polar
ity and mixing the signals ?
A. As on the wire.
Q. In the principle of your method, us set forth
in tile first-claim in 09, does each operator always
retain the species of currents with which , lie
starts? If operator A starts sending by increase
of tension, and operator B sending by the negative
or positive current, does it always remain the same
to each operator?
A. In case 00 one message is sent by tmnsmit-
tingn positive current or a negative current, al¬
ways to affect tile polarized relay, and the other one
is transmitted by an increase and decrease of the
current — no matter which it is— perfectly indepen¬
dent of each other, and at no time is there no cur¬
rent on the wire, and no signals are produced by
no current.
Mr Bvtler. — Transmission of messages by
increasing or decreasing the current; I use the
term tension as a shorter term ?
Q. That is to say, you send ono message by in¬
creasing or decreasing the strength ? A. Yes.
Q. And you send the other by the negative our-
rent ?
A. No; I prodnee one portion of the signal by
the negative and the other by the positive.
Q.And always so? A. Yes ; always so.
Q. So that, there never can lie any mixing ?
A.- No. .
Q. Now take your claim ns yon make it, and will
not this.be tlieexact distinction between Kramer’s
and. yours? I now read from Kramer's claim;
‘•Transmitting two distinct messages over one wire
in the same; direction, and at the same time, by
changing the polarity of the transmitted current,
413
!"m!2linCle,,RinR °r deorcnsinS *1,e tension of
I A. That would be Kramer's provided jron strike
j out the word “distinct.”
j Q. Then I strike out the word “ distinct”?
1387 A‘ . “ft,!ae 111 Kramer’s device they would lie
j. ij very indistinct.
'■ Q. Whereas yours is transmitting two distinct
/messages over one wire, in the same direction and
.u me same time, one operating by the reversal of
the battery current, and. the other by increasing or
decreasing the current from the battery?
A. Yes, sir. .
Q. That is the difference ? A. Yes, sir.
Q. And this claim indicates the method by which
this principle is carried out ?
A. It would indicate it ; it indicates the principle.
Q. And these devices in tile remainder of 00 nro •
1 388 means to carry out that principle ? A. Yes, sir.
J^Aow state whether Kramer's, as.au operative
j P.e’ icing put into practical operation, be-
came a failure ? A, I believe it did.
Q. And to overcome that difficulty was the ob-
J n L 0,inilvontlo,,i A. What difficulty?
Q. Ihe difficulty of Kramer?
A. To overcome the difficulty or transmitting
two messages in the same direetion-that was the
object of my invention.-
Vte Court.- What peculiar significance is at-
unSm “ - ** •"»
Mr. B_uller.— In the Kramer principle the two
messages mingled. The better term would be “ in-
dependent messages, which would not mingle.
The Court. In the other there may be indenend-
are transmitted without confusion. The word is
attached to messages ns describing the “messages,”
and not as to the manner in which they are trans¬
mitted.
Mr. Butler. — Not necessarily. It was not very
skillfully drawn. ’ jggp
Q. Now turn to the third .claim, or case H.
Ex. 7 1 want to call your attention to that:
“The combination with the main line circuit
of a receiving instrument operated by changes in
the polarity of tile current independently of ten¬
sion, with another receiving instrument operated
by changes of tension independent of polarity,
means of changing the polarity of the current, and
means of changing the tension of the current ; sub-
oUi.tiully as and for the purposes specilied.” State
whether that expresses your principle as it is in 09 ?
A. Yes, sir; perhaps better than the claim in 1391
that.
Mr. Butler. — That shows exactly (here is always
a current duo to olutuge of polarity on one side,
and there is a currant due to increase or decrease
of tension on the other, and never mixing.
Mr. Dickerson. — And you have it patented in
case II ?
Mr. Butler.— Precisely so.
Q. I observe that you were asked by my brother jyijo
Dickerson about applying some portion of your in¬
vention' to the Stock rind Gold- Brokers' Telegraph ?
A. Yes, sir.
Q. And you were also asked whether you receiv¬
ed $1 fio, 000. I-'want to know whether you received
that for your inventions or whether for your ma¬
chines which you made for them ?
A. A portion of the money was received by the
firm with which I whs connected for manufacturing
410
Q. Did yon receive llio letter abont these con¬
tracts by the lmnft of Mr. Harrington’s son ?
A. At some time I did.
Q. TIow soon after, or about what time, was it
that you received such a letter in relation to the
event ot that publication of the 10th of July 2
1399 a. Perhaps it was immediately afterwards; it
was afterwards, anyway.
Q. Now, sir, at that time, do you know, or just
before that, do you know whether Mr. Harrington
was in Washington 1 A. I do not.
Q. His son came to you ? A. Yes, sir.
Q. State whether his son gave you both a verbal
and a written message on that subject!
A. I think lie gave me a written note.
Q. Canyon remember whether lie stated wliat
his father told him to slate to you besides?
A. I cannot.
1400 Q’ ^r°'v> sin y°a toll us you have looked for
that letter and cannot find it. Will you tell us
substantially what tile contents ot that letter was ?
Mr. homey. — We object. .
Mr. Sutler. — On what grounds 2
Mr. Lowrey. — On every conceivable ground in
the law of evidence. And besides, upon the
ground that it has already been rilled out in this
case. The same attempt was made to get in the
contents of the letter yesterday or the day before.
1401
The Court.— One ground which was pressed, and
which was sustained by the court, was that you
cannot contradict your witness. You have proved
by him, on your side, that Mr. Harrington neither
consented nor objected. Now, if by refreshing the
witness’ recollection by showing him that paper,
or recalling his attention to the circumstance of a
correspondence which cannot be produced, you
can induce him to correct his statement in that ro-
417
gnwl, or modify it in nny particular, you may do .
so; but I do not think you can contradict tliowit-
ness by producing a paper by which you will show
that he made a statement not according to the fact.
Mr. Sutler.— My own mind runs in the line of
your Honor’s in this matter. That is not my pur- 1402
pose. My purpose is to show, first, that Mr. Edi¬
son was speaking or verbal communications.
The Court. — 1 don’t think that you could have
read the whole testimony on (lie subject if that is
your understanding.
Mr. Sutler.— I think 1 Lave, your Honor. Sec¬
ondly,; Mr. Edison gave his opinion as to whether
flint was an objection or not. H 1 can get him to
state wliat Harrington said in that paper, then the
Court would be. able to state whether it was an ob¬
jection. 1403
The Court. — He has been fully examined on the
subject, and it seems to me it lias been exhausted,
and 1 think I so remarked once before.
Mr. Sutler.— At that time none of us Imd a copy
of that letter.
The Court.— It does not. appear in evidence that
you' "have got. it now. If you have any paper which
you think is a copy, or any paper which you think
will refresh the witness’ rt collection in such a man- ^,.4
tier as to induce him to change or modify the state¬
ment lie has made in that regard, you may show it
to him; 1 will permit him to look at the paper, if
it can refresh his recollection.
Q. Look at the paper shown you.
(Witness refers to paper.)
Q. (Continued.) Now, after raiding this paper
Eiiibit R, If. T. W.
have yon so refreshed your mind ns to bo able to
say whether or not Mr. Harrington did not write
you not to make any contract witli the Western
Union until you laid seen him, or Mint in substance}
A. That was the substance of a note I received at
1 405 Q. Was that about the time of tiiis publication 1
A. A little after, 1 think.
Q. Had Mr. Harrington any notice from you until
after the article appeared in the. Times newspaper,
that you laid made any contract with the Western
Union ?
A. I think I showed it to him the same day.
The Court.— He inis stated that lie showed him
this very paper.
Mr. Butler— He had the paper on the Otli of July,
.and it was on that very day that he made tlioobjec-
1400 tion. This is the 9th and on the morning of the
10th it came out, of course he knew it, he says that
lie wrote him a letter, now he remembers asking
him to make no contract until he laid seen him.
Mr- Dickerson.— lie testified’ that away behind
th.it Harrington knew lie had been in the employ of
the Western Union.
, Mr. Dickerson.— Let us see the letter.
Mr. Butler.— Certainly. But if you look at it, it
goes in evidence.
Mr. Dickerson.— Wet have no objection;
Plaintiffs counsel rends, the letter in
evidence, dated July o, 1874— marked
Exhibit R.
Midnight.
July 0, 187-1
My Dear Jidison :
I returned this l*. m. Have not seen Reiff, 1
having learned what was going on have been all
evening investigating, and therefore hey of you
see me before you sign any more papers, take u
money or go to any other place.
Come to 80 Broadway. I am in hopes that I c
relieve you.
At this moment adverse action will cause a 1
of 8100,000.
Truly ,
(Signed)
HARRINGTON
Q. I find, New York, Dec. 10, 1874, a receipt,
want to know of you it George A. Prescott, invc
eil any system of duplex or quadruplex telcgra
for which letters patent had been applied for
you, lip to December 10, 1874. You stated that
had not up to July 1874. 1 now want, to kn
if lie had up toDecember! A. I think not.
Q. How certain are you of that ?
A. Almost absolu tely certain.
Q. I find that you signed a receipt, " When
Thomas Edison and George A. Prescott are the
von tors of certain improvements in telegraphy,
lnting to duplex and quadruplex telegraph
whicli letters patent have been applied for by t
, said inventors — "was that true 1
A. That was the intention, but it was not true.
Q. That is, it was the intention, under your cf
tract, that you talk about, of July nth 1
■A; Yes, sir.
Q. Which liad been abandoned 1
1
Mr. Butler. — That goes to the effect which my
brother will make nil argument upon by and by.
420
A. Tf luifl been abandoned— the idea of having
Prescott in it.
Q. Knowing that, no .such invention line! been
applied for, why did yon sign the receipt, rocit-
A. .Because I did not' suppose it made any dif-
1.11 1 ferenco ; it, did not to me. anyway.
Q. Who prepared that receipt ?
A. r don’t know that.
Q. Who handed it to you ; did you write itt
A. I think Mr. Mitmford, the vice-president of
Q. Who handed it to vou, was it Mr. Prescott ?
A. 1 think Mr. Brewer.
Q. Who was lie ?
A. He had some position there ns stenographer.
Q. Ho had some employniciit in the company ?
Q. If that recital is not true, it continues to set
forth that, “ in part payment, I received §5,000 to
me in hand paid, for said assignment and -transfer
of joint im cations,” Were there any such joint
inventions to lie transferred ?
A. No, sir.
Mr. Bulhr. — The words are “ said inventions,”
referring to what had been called joint inventions.
413 Q. State whether at that time you were in need,
1 and informed the people with whom you wore dcnl-
liig (the Western Union Telegraph Company) that
help? *5 A of a sum of 'l mo“«y to pay your
A y"s y°U Sig"ed tllis PftPer to get it ?
Mr. Butter.— I don’t think I will need to trouble
you any further.
421
Re-cross by Mr. Dickerson .■
Q. Is it not true that it was at your suggestion
and request Mint Mr. Prescott and you appeared in
this first paper in the diameter of joint inventors ?
A. That was conveyed in my letter to him.
Q. Y011 thought at that time that when he as¬
sisted you in developing this thing he was entitled 1415
to be put in that character?
• A. I thought under the law lie Would ho entitled
to it.
Q. And- then after the papers were drawn, you
and he went and took counsel of Mr. Sorrell whether
you were right in your impression ? A. I did.
Q. And Mr. Serrell advised you that your views
of the law were wrong ?
A. Yes, under the circumstances.
Q. Thereupon the papers were 1 1 c 1 1 1 *d t
A. Yes, sir.
Q. How, sir, did any one require you to sign any 14] y
particular form of receipt in order to get that
§5,000.
A. They did not require me to do so ; I just
signed the receipt ; the §5,00(1 was what i wanted.
Q. You asked for anything from §10,000 to
§2,000, and Mr. Orton said, “ I will give vou
§5,000? A. Yes.
Q. Was tliore any discussion about the form in
which the receipt should lie ?
A. There was, between Mr. Mum ford and Mr.
Orton.
Q. Mr. Mumford was vice-president. What was
that? MU
A. Some conversation as to the particular form
it should lie given in.
Q. What was said on either side ?
A. I cannot say.
Q.1 When tliht receipt was drawn was Mr. Pres¬
cott there?
A. I think he was not; he was in the building,
I think, but not in the oflice, at that time.
Q, Tho recoil)! is dated December 10th. No’
who wns your patent attorney during the conlr
versy before tlie Commissioner of Patents, in tl
Patent Ollico, which began witli the letter of .In
limy 2itd, to the Commissioner of Patents 2
A. I don’t know ; I think there were several.
Q. Can you name any one of them 2
A. A patent attorney, do you refer to 2
Q. Your counsel in the Patent Oflicc, represet:
ing you in that controversy in the Patent Otlic
Did you employ anybody in that controversy th
tlie Atlantic and Pacific carried on there 2
A. I personally did not employ any counsel.
Q. Or pay anybody 2 A; I paid nothing.
Q. How was it done, then 2 llow was conns
employed that represented you 2
A. I suppose they were employed by Mr. Ha
rington and his associates.
0. Do you know who did it 2
A. Because he had a power of attorney repr
tenting me.
Q. Did you know at that time what was going i
in the Patent Office? A. Generally 1 did.
Q. Aon got tlie information of wliat was doii
there! A. Yes ; I got perhnps.n portion of it.
Q. Did you not intrust the whole of it to Ha
•ington to carry it on in the Patent Office in yoi
lame 2 A. Ho had a power of attorney , to do it.
Q. \ou entrusted it. all to him, to manage iti
A. I had to. b
Q. You did 2 A. I did, and I had to. .
Q. And you did? A. If I had to, or course,
lid. • -
Q. I ask you, Mr. Edison, do yon know win
lounsel did represent you on that occasion?
A. I think Mr. Butlordid.
Q. Before tlie Commissioner of Patents 2
A. Yes, sir.
Q. Before tho Commissioner of Patents you wei
epresonted by Mr. Leggett, for one 2
A. I don’ t know.
Q. U ho was it that represented you there, ifvt
know? , '
A. Before the Commissioner of Patents eitln
before the Commissioner of Patents or the Seer
tary of the Interior; I was told that Mr. Butli
represented me; I don’t know which; it is a
mixed up in my mind : it is ail the same thing, as
understand.
Q. You- were represented both before the Con
inissioner or Patents and the Secretary of Interior i
A. I don’t know, but I know I was represente
in the patent office.
Q. You were represented in the controversy froi
beginning to end by somebody? .
A. I suppose so.
Q. Did you authorize Mr. Harrington .to tak
charge of it and go through with it 2
A. I did not have to authorize him; he had
power of attorney and claimed the right under tha
power of attorney to do so.
Q. And you knew that thing was going on unde
tluit power of attorney ? A. Yes, sir.
Q. One other question on the word “distinct.’
In regard to tlie transmission of messages ii
your machine or your invention, tlie signals tha
go through to allectl he polarized relay and tliosi
that go through to allect the neutral relay may bi
sometimes entirely distinct from each other, ant
sometimes limy bo wrapped up one in the other,
carrying in the same impulse both sets of signals,
is that so 1
A. Yes, they may be.
Mr. Dickerson. — A little deeper than that, if youi
Honor please. An impulse is sent, that is going
to ondtire so long at the other end of the line on a
polarized relay, say a plus current. If, while it is
sent on, an operator who wishes to send lus in¬
creased current closes his key, he swells out this
impulse in the middle or it, hilt not. interfering
with it, and the two are one impulse. These di¬
mensions vary in this way, that its two ends are
thin and the middle thick. The whole constitutes
one impulse ; the thill ends and the middle have
mi effect on the polarised relay, and the thick part
[using a part of that which uses the polarized, and
the additional besides), works the ncutijil relay ?
A. Yes.
Q. So that the impulses under this condition are
mixed together going over the line, but the instru¬
ment separates them ? A. Notexactly mixed.
Q. But the same impulse ; and the instrument
separates out of one impulse, the two qualities
which are appropriate to each. Is that a right
statement? A. Yes, sir.
Q. Now, in case both are not sending a t the same
time, have they then only a reverse current either
plus or minus current, of greater or less intensity?
Q. And if the sender to operate the neutral re¬
lay wishes to operate it, lie sends a greater, or the
entire battery ?
A. Y'es ; no matter whether positive or negative.
Q- And the polarized relay is operated .equally
whether by the less or by the greater current ?
A. Y’es, sir.
Q. .Then in this Kramer machine which you have
looked at, the operator sends, if yon please, a cur¬
rent of minus quality that closes the armature
oir one of; these three relays and breaks the short
circuit, thereby permitting a local battery to sound
a sounder which is protected against the effect or
tile local battery by the short circuit until it is
brokon. Is that so?
A. Your question is not right.
Q, Then that is not so ? A. No.
Q; We will . see whether it is. Now, in these
drawings (referring to Prescott’s Electricity, lingo
831,) when the minus* current is sent over the
the armature at H* or at A*, is attracted by
electro magnet that is supposed to be placed ab
it, and cnnlact.is broken at the point where
1 t l le ects itself with the short
.cult, is it not i A. Yes, sir.
Q. Now the short circuit is this. Beginni
at the back point at A'; at the left of
“guru there is a vertical wire descending,!
turning to the right it jiasses along, town
the middle of the diagram and then nscei
through the battery B*. It then turns to the rij
again, and comes to the point of the armature le
marked A3, on the right hand side, follows alo
the armature lever to this angle, where there h
star, ascends vertically to the highest point wh
there is a drawing on the paper, and I lien retui
to the left through the armature lever A3, and
breaks the circuit ; is that it?
A. I don’t follow you up.
Q. I want you to, and to say yes, if you ku
Question repeated. A. Yes.
Q. Then, at thesame time, the sounder relay i
is in another circuit formed bv the lever A3* a
the diagonal wire leading down from the back poi
of that lever through a soqndor, and coming ii:
contact with the point on the short circuit?
A. Yes, sir.
Q. Now, while it is in that condition, the butte
current is running round the short circuit, inci
santly, isit?
A. Yes.'
Q. And it is not affecting the electro-magnet
iirinnture M1, because tile resistance through til
way is so great that the current follows the slu
circuit, which has an easy resistance and does n
dicer, therefore, the sounder? A. Y'es,' sir.
Q. Now, open the short circuit at A *, and then
follows tliat that bnttoryjnot being able to coniplc
lie circuit through the short circuit line, ru
through the sounder and attracts its armature ?
Q. Tlicn, when the minus signal is sent over I
line, the sounder M' sounds by breaking the sin
circuit which protects it from battery B1 ; is tl
It! A. Yes.
Q. That, is the way that the signal is made up
Jp when you close the key that, sends the negati
current, is it not 2 A. Yes, sir.
Q. Now wo go a step further. Suppose that k
to be down, and you close the other key on t
line, which sends the battery current of plus8 01
the line, both batteries now being in opposition
the line, the result is that there is a plus ' cum
transmitted ! A. Yes.
Q. And then if you let that key up, there
minus' transmitted! A. Which key?
Q. Get plus 8 key up again, then the lino has ±
the minus ' going on it? A. Yes.
Q. And by so moving the key up and down y
send reverse currents, don’t you !
A. Yes, sir; I have slated that before.
Q. But when plus 8 goes over the line, mnki
the result of plus 8, then the armature at A 8 is
traded, and closes the back point of the bath
circuit, around which R 8 is ?
A. R 8 and R-8 close.
Q. Thu case I now put is, that minus 1 is dow
then 1 shut down plus8; now I ask whether I
ell'ect of that is not to make' tile signal throa
sounder M by putting into circuit the battery. B
through the lever, A 8 ?
. A. It causes both M 8 and if > to close.
Q. Wait, until my question is down before y
answer. Minus ' is down, then you shut down pi
". Now I ask you whether the effect of that is i
to make the signal through sounder M 8 by putti
into circuit the battery B 8 through tlie lever A 8
A. Yes.
Q. Now when both koys are open, there is
Q. But the main battery is out of action t
A. they are out of action.
Q. There is „o main current going over the tin
A. Ao, sir.
Q. When the operator closes plus* battery on t
line then the effect is to mise tlm two armature It
.ere A- and A8 at .the same time! A. Yes, sir.
Q. They come up at the same time ?
A. Yes, sir.
Q. And M 8 sounds? A. Yes, sir.
Q. Bat if does not ? A. No, sir
Q- And the reason (and that' is an ingenio.
thing) the reason why M8 does not sound, is tin
when the short circuit that, is made through A8
broken by the closing of that armature, the batter
circuit B1, through sounder M* is also broken b
the raising of the armature A8 ? A. Yes, sir.
Q. And therefore the key plus8 sends onlv il
signal to sounder M8 ? A. Yes, sir.
Q. And there is no mixing of the signals at all n
they come out at the two sounders, is there I
A. Yes; there is considerable mixing: it rt
quires R8 and R8 to send a message : and if vo
want to send another message on the other side, i
requires R' and R8.
Q. I do not ask wlmt ii ti i lliti piired
but whether the signals are mixed ?
A. Yes, sir ; they are.
Q. Are they so mixed that they do not come on
it the sounder at which they are expected to conn
jut ?
A. They do not come out so that you cun'reiul
hem very well.
•Q, . That is upon the supposition that tlm uia-
hine does not’ work, but Tam on the supposition
lint Mie lnaeliim* docs wlmt. Mio description calls
r>r ’t A. If it. did if. would come out ns you say.
Q. Now, the signals are no more mixed when
hey conic out at their two sounders at the other
end, than they are mixed when they come out,
join ^^u,|!pgm.(1s tlu\ sounds, it they come out
"q'-I’Iic sounders are to give the message to the
“ i^mifroason that you know of ami
can "slato now, wliy if you put -Town the key plus,
the signal would not come out at the sounder IP
A ' if von do not protend to send on the otlie
side', there is no reason why they slu uld not mu...
Q. And is there any reason why when you pn
down the key minus', the signal will not. cornu ou
ofM't , ,,
A. No reason, perhaps there may he » small mu
tjl:, lion, hut 1 think it would come out all right,
Q At, the time that this machine was madethci
had ,,ot been then the inventions made tlu
' would protect such a thing from static disohaig
and other evils that occur in practice on long lines
’s duplex and oilier things <
is of yours, putting in tl
not been made !
been invented ; the npplic
Q The question is whether condensers, elect
8 magnet, and the like, which are covered say,
the patent of St ultra's and your patents, had nt tl
time been applied to long lines, or any telegra
lines, to protect the receivers’ from stat ic disclmvf
A. Perhaps they had in cable telegraph.
Q. Was there any cable telegraph going on
18B51
A. 1 think there was, I have got a book on
submarine telegraph dated about that time.
Q. Now at the time in 1805 there were a gi
many difllculties in land lines which do not exist
now and which would have been serious impedi¬
ments to the use' of your invention if it had existed
without the aid of condensers and electro-magnets
to protect the machines from static discharge!
A. I think Mr.Stearn’s duplex would have worked
very good on a wire if they had it at that time ; I
think it was the stale of the art that did not. admit
of this invention going into use at that time or be¬
ing made known.
Q- _lf your double sending instrument had been
ill existence in 1835, without Iho improvements
which have grown up in telegraphy from that time
to this, such ns the application of condensers and
the application of the electro-magnets, and the bet¬
ter mode of insulation, and the better relation of
wire ends, it- could not have been possibly used on
ii lino from here to Chicago, could it ; it could not
be used oil a line from here to Chicago to-day with¬
out thcseapplianccs?
A. 1 cannot say, hut I think it problematical.
Q. It is within your experience that in lines from
New York to Boston even, they had to Imre repeat¬
ers in them to make them work on the Morse
A. Yus, sir ; years ago.
Q. You could not have worked a line from here
to Boston without, more than one repeater, years
ago f
A. In that day you could not very well.
Q. Practically you could not!
A. Tim- was before my time.
Q. You know it us n matter of history 1 A. Yes.
Q. As u mutter of history, you know that there
were several repeaters between here and Boston, to
make a Morse line work that distance I
A. 1 remember there being one used.
Q. In.-Sprinslield ; von yourself remember that t
A. Yes.
y. Aitd before that there wore more 1
A. Perhaps there were.
Q. Now yon cnn sentl » signal all the way to
lmlm without a repeater?
A. It can bo done ; it could have been (lone then.
Q. Could it lmvo been done oil any sot of wires
on put up in this country ? A. I think it could.
Q. Without doing anything to thorn which was
it then done 1
A. 1 think it could have been worked through to
jston.
Q. But to Omaha, could it have iieon done !
A. Some would have got through very small. •
Q. Not enough to sound ; and that improvement
is resulted from what I am going to mention:
st, better insulation! A. From what day ?
Q. Say twenty years ago ; first, betterinsulation ;
eond, improved conductivity, by reason of mak-
•' a better relation of the wire ends ; third, better
re, by being a compound or copper and steel, for
nductivity ; fourth, contrivances for protecting
e instrument against static discharge! A. Yes.
Q. All these have grown up since twenty years
;o, have they not ? A. Most all.
Q. And then the superior skill and experience of
retricians and operators, derived from their use
the instrument itself, becomes unimportant ele-
ent ! A. Yes, sir.
Q. Bo you think if you had turned your duplex
into a telegraph otliee in Now York, twenty
■ars ago, there was any man in this country that
mid have made it practically operative to Cliica-
>! A. I think not.
N. Yi, AIav 4th, 1877.
CiiaskB. IIaiimjcotox, called for plnin.tilT, sworn
'xumhied by Mr. Wheeler:
Q. Are you the son of George Harrington ?
A. .Yes, sir.
Q. Do you know your father’s handwriting t
Q. Look at this papur Which 1 now show you,
Ex. D, and state whether or not the signature of
the subscribing witness is your signature !
A. It is.
Q. Did your father execute that paper in your
presence ? A. Yes, sir. •
Q. State whether it was about its date he ex¬
ecuted it, if you can't
A. 1 think it was ; yes, .sir.
Q. Do you remember being in the city of New
York, on the .0t.li of July, 1874 ! A. Yes, sir.
Q. Do you remember your father coming to the
city on that day 2 A. Yes, sir.
Q. Do you remember in the evening of that day
any directions that your father gave you in regard
to a message from him to Mr. Edison, and a letter
to Mr. Edison? A. Yes, sir.
Q.- You did receive directions from your father?
A. Yes, sir
Q. Look at Ex. R, and slate whether that is a
copy of a letter that your father then gave you for
Mr. Edison ? A. That is a copy, sir.
Q. What time of day was it that you delivered
that letter to AH. Edison f
. A. Somewhere about six o’clock in tile morning.
Q. Of July 10th ?
A. Yes, sir— very early, about that time.
Q. Did you, in pursuance of the instructions,
which you say you received from your father,
make any' stab meats to Atr. Edison about that
time, in regard to any arrangement between him
and the Western. Union Telegraph Co. Don’t state
wlint you did say, but state whether you did ?
A. I did.
Q. What, were they ?
message, and considering tlmt Mr. Edison s a
Xinger to us, and tlio grantor, we do not. sen Mint
Miy'conneetinn between Him and tins witness can
beevidenco against us.
The. Court. — Wliat do yon propose to.provel
Mf. 117/ci*/'.— We propose to prqve by this wit¬
ness that through him his father did object.
The Court.— To contradict Mr. Edison 1 .
Mr. Wheeler. -No, sir ; Mr. Edison said that he
' only referred to personal communications. Your
Honor will have observed that he is exceedingly
literal in his answers to questions, and if asked
whether a party objected ho would say no, although
there might lie tin objection through tile instru¬
mentality of a third person. We asked him if he
1449 referred* to personal communications and he
said yes. We propose to prove by this witness
that objections were made through him to Edison ;
besides there is no rule that prevents our contra¬
dicting the witness on a particular point ; if we
think that he has mis-stated a fact, we have a right
to show that lie is mistaken, I suppose in the case,
as now developed, we have a rigli'fto show that as
soon as Mr. Harrington learned this contemplated
arrangement, lie objected to it. and communicated
the objection to Mr. Edison.
The Court. — That seems to have been conceded,
1450 because the evidence tended largely in that direc¬
tion, and it, has been assumed that it was a proper
and legitimate inquiry on both sides; I don’t see
any objection to the relevancy of the question.
Mr. Butler — I desire to add another word; while
I agreed with the Court yesterday in my own mind,
tlmt it is not, proper to contradict, a witness by
showiutr that ho has stated the fact differently
from what he slated it. upon the stand, the distinc¬
tion is, that, you have a right to prove a fnetby
other testimony which ought to be, or is sup¬
posed to be, in the knowledge of your own wit¬
ness. but which he either failed to remember, or
failed lo state. You are not. limited to one vehicle •
of proof, and if your own witness fails to recall a
fact, yet- that does not prevent your proving it.
Mr. Butler. — That is a distinction well laid down
in Phillips and afterwards in Ureenlenf. Now, all
that Mr. Edison said about this young man was
that he did not remember whether he brought the
message or not. AVe want, not only’ to show that
the written message was sent, but a verbal message
through the son from the father, leaving at mid¬
night, and reaching here in the morning, so great
was the urgency that. Edison must, or ought not to '
do so and so.
Mr. Lowret/. — The evidence in respect to the
question of relevancy appears, in our mind,
to lie in this form. It is entirely competent
for us to show that no protest was
made liy Mr. Harrington, and that lie had neg¬
lected, or stood by and saw ns deceived, and any¬
thing tending to show that, is pertinent, but it is
not pertinent on the other side to show that he
protested to Edison, unless it is brought to our
notice. The attempt is to make us chargeable with
notice that only came to Air. Edison. We are not
bound by that.
The Court. — The course of inquiry, thus far, if I
recollect the ’evidence, is this. The counsel for the
plaintiff inquired from Edison whether Air. Har¬
rington consented to this transaction, and rested
there. You asked, on cross-examination did he
object, and Air. Edison said that he neither objected
... consented. Substantially, that was the pur-
n t oC Uis testimony, but in the mod, lied ton., in
hid, 1m gave it, and the reto'ence to lns lcd e
hi-ii afterwards camo ,„. Now I am not Uuu
IV t L comi,etunr ror ,he p,!"n , , pT;
, an ntlirmative fact, in the ease that the med , ,
as made, unless the fact came to the dcfuid-
knowledge.
Mr. Butter. — I supposed that that wasruledom
;,it this is the point— not that we seek Ip el»„ c
, (Ms manner the Western Union
i.. its various agencies, with notice, but «c
L.elt To meet the argument that Mr. Harrington
lent on his rights, that he allowed Mr. Edison
n on having a power of attorney, and having con-
rol, mid acquiesced or consented knowing tlmt
his thing was going on, that this bargain and this
legotinlion should be proceeded with; and the
ir'Tnmeiit would be very strong to your Hon n s
chid if Edison and narrington, understanding that
he duplex and quadrnplex were then the pnr^
of their articles of agreement and deed, H > dul
Mr Harrington stand by and allow Edison to . cl
, • . .. .mil never call upon Mr.
it upon lus own account, .uni ucw.i «*■ i
Edison to divide or account i
Mr. Butter. — Having com
ion, we want to meet, that.
The Court.- 1, comes to this. It is » ‘l-'f1"'”
he order of proof, and would be admissible in •
niltal, if you proved, on tbe part of the defence,
hat Mr. Harrington stood by and allowed tins.
. out on cross-examiiia-
jl/r. Lowrey. — My friend proposes to show tlint
Mr. Harrington dill not sleep on bis rights, by \>ro-
hieing a witness who arrived at six o clock in the
morning, so halt asleep that lie did not get as rm
ns the Western Union Telegraph. Wo will pi»-
dueo evidence tlin t Mr. Harrington slept so somuU.'
that he did not send any notice to us. It will not
be competent that lie started notice and never got
as far as us. I think it would be an impropriety
to charge the Western Union Telegraph Company
with the side effects of the proof of these conversa¬
tions between Harrington and Edison, which we
hear now for the first time. We are here ns de¬
fendants, and brought here by a plaintiff who claims 1457
an equitable as against a legul right, and therefore
bus the heaviest kind of burden of proof thrown
upon him.
The Court. — Yon don’t intend to rely upon any
estoppel against Harrington,- or those 'under him,
founded upon the absence of his objection.
Mr. Lowrey. — Only because, if lie did not make
any objection to Mr. Edison or us, there is the whole
of the complainant’s case ; if lie had made objection
to ns, and none to Edison, we would not, of course, re¬
ly upon that; but notice to Mr. Edison not, being 1468
brought home to ns, we do not consider it [binding.
The whole of Mr. Harrington’s conduct, is of course
competent as against him. Itisnot competent to
charge strangers who were not present with liis
declarations to Edison ; it appears to us that the
evidence is entirely irrelevant and incompetent at
any stage of the proceedings, simply because the
party to be charged was not present either in its
own person or by any representative, and never had
communicated to it any of the facts.
The Court. — I think it is safer to take it; prob- £
ably, unless it is connected with the defendant it
may have no effect.
Defendant excepts.
Witness. — After delivering the letter, lie rend it, . . .
and I told him that ho should not make any move I j
in the matter; that lie lmrl no right to make a | [ |
move, from wlmt father had told me.
£er’s previous direction on the subject?
1400 Q. S’S. mention to Mr. Edison that your
told mo to tell him lie lmd no right to nmko the
• mQUDo l e i lei ny tiling else in that con-
versnU°n?d ^ Wm tlla(. father said if , he did any¬
thing, there would be a great loss. .
q Do you remember the Appearance of this arti¬
cle in the Times newspaper, that has been re erred
to in regard to the interest of the' Western Union
l46.1 Co., in This qnadrupicx invention.-
A. I saw that article almost immediately artei 1
got back from Newark. . ,
A. In the paper of the morning of J uly lOtn t
A Yes, sir; I think that is the date.
Q. Look at this paper I now show yon, and state
it that is the article to which you refer ?
A. That is the one to which 1 refer.
Mr. Wheeler reads the printed copy
in evidence, marked Ex. s, to be cor¬
rected from tiie file of the Times, if there
is any mistake.
I<lli2
Exhibit S. ■ - ■
^ Extract from, the Nevs YorU Daily Times.
■ (jrfa-vdWuf1-'1) Wednesday afternoon last, at the Broadway of-
W+jkL<s^Kflct“ oC the 'Vestem U,lioH holograph Company, a
OJtmjJlWy
invention which promises to
importance to the present age
■ _ kii _ _ _
4»7 .
0/ fcOUjijrAd jircAad.
than, wore Morse’s first, achievements to the people
of his own tiiiio. The test resulted successfully,
and it proved that four messages can be sumiltnne-d.AsMr.1 \
ously sent on a single wire in opposite directions, Kio MO^ (LMXi
and with no more liability to mistake than 11s if an fins/tM.
. equal number of wires were used. Ij
To make the matter clear, it will he necessary to ‘463 «
look a little backward. Morse took the first stop-
in telegraphy — a ml the first is always the greatest
—by the invention of a system by which messages
could be sent between any two terminal points, and
dropped at any way station on tlie circuit. The
objection to liis system was that tlie transmission of
a single message occupied a wire entirely. And
though electricians were convinced that a different
result 'could be attained, no one showed how it'
could be done until so recently as three years ago, (
when Mr. J. B. Stearns invented the duplex appa- q%
ratus. ; That was the second great step, and l4(i4
it instantly doubled the capacity of every
Wire which over had been erected. By the "
Stearns process, two messages can be sent si¬
multaneously on a single wire in opposite di¬
rections, between any two terminal points. But
this system, like the Morse, had its objection— the
message could not be dropped at any way station,
except by the use of a repeater. Nevertheless, the
invention was recognized as of immense practical T
importance throughout tlie world. Two frwg <1 >C,
was taken a third great step,. and one notinfenorto^ .,
* either of the others. It needs only to.be said of W'HJW'twaw
it to recommend it to the least scientific, .that^in one HiiS'tVU*/, /
instant it will quadruple the usefulness of the
?7Zm miles of wire owned by the Western Union
Telegraph Company. . . .
It is a new process of multiple transmission, by
which two messages can be sent simigancoiisly in I
the samo direction over the same wire, and either |
message can be dropped at any way station 0
circuit.
/
. • oil ThG old duplex system can 1>«*
n^lied'to lhe n nv inventions, and by Hie con, him.-
t. r messages can be sent simutnneously over
S saSmwira in opposite directions between any
'" tmTnot the "least recommendation of. the dis-
14(10 Is that it calls tor no changes ; the old Morse
. i is used without the need or any new class of
0^/^3 neraoi's'o.s in the automatic telegraph), and with
ftw^opeutois (I as to imrts 0t inacliinory.
^r^^^Th^inven onis'ihe^ result ot the joint Inborn ot
j ' is George TB. Prescott and Thomas A. Edison
if not scientifically at least practically ; a great
of credit is also due to the en erpmmg p^;
ot Mr. William Orton, the president ot the com-
urse it is needless ,o add Hint the new
svstem will be speedily put in practice by the
sre^AVestern Union Company, by whom the patent is
_ . ^ V -tXontrolled It will make itself felt in more ways
0^ ^ l 1 j>or instance, the AYestern Union *
witiii . M fnrr.Pfl to erect- 00,000
" than one. Por instance, tlie AYestern Union
graph Company have been forced to erect. «
mills of wire during the last three years, and of
course at an immense expense. Ail indefinite. In¬
ter, like that could not lie satisfhctmy to stock¬
holders. But this year, scarcely 2,000 m.les nu i
be erected, and every wire is practically foim B
without further enlargement, and nlmost m .
At--** Jscience. /
o the
Q. A’ou have spoken only generally t~,~
subject of your conference with Mr. Edison, and
have spoken of it as a matter .with the "esU.r"
Union Telegraph Co. Had you mid your father
some conversation before you left him as to tne
particulars of this matter? .
A. Well, not as to the particulars. AVe were tarn
ing over at homo about the arrangement that Edi¬
son was making with the Western Union Co., and
I supposed it was with Mr. Prescott.
Q. You understood it was with reference to the
duplex or ijundruplex inventions?
A. That is what I understood.
Q. You understood that from your father or 14 9 •
from Air. Edison, or how did you acquire that
knowledge? ,
A. I think it was from father.
Q. You were in your father’s business or office?
A. At that time I was.
Q. AVitli him every day ?
A. AATell, off and on ; you mean after what length
of time. •
Q. I mean just about that time— a few days?
A. Yes, sir.
Q. I presume this was not the first oceasion upon
. which your father nnd you had had conversations 1470
touching these ’duplex arid quudriiplex [inventions
and the proposed or reputed arrangement with tlie
‘ Western Union Co. ?
A. He had no conversation with me particularly
about it, because I knew nothing about telegraphy.
By Mr. Butler :
Q. AA’lieio was your lather before that night ?
A. He was out of town ; I don’t remember where
exactly ; in Philadelphia or Baltimore or up the
Hudson.
Q. Out of town some days ? 147]
A. I think two or three days ; I don’t know.
By Mr. Wheeler :
Q; Where is your father now ? A. In France.
Joriaii C. Ekiff, called by tlie plaintiff, sworn: '
Examined by Mr. Bussell. .
Q. Did Air. Harrington and Air. Edison, to your
•441
, , nnrrv on any manufacture within the
No^rU, New Jersey .1 A. Yes.
j >«— .
chilly to he used in the operation of the "••tomatic
"ml. company, and the manufacture of expm-
■1472 meihnl instruments, models, and machineij , in to
aie,^P^ -*■**■ •**•*-
* ? In the fall of 1870, Mr, Harrington, myself,
and a nnmhor of other gentlemen, organized a
scheme for the cheapening of telegraphy, hosed
mainly upon the claim of Mr. George Little.
Q. AVl.at interest imd you in that business 1
A. I became tl.o principal contributor, and I
represented t that tin t nearly all of the parties
except Mr. Harrington, personally.
Q. Had you any interest under the partnership
1473 deed, between Harrington and Edison’;
A. Yes, sir : I became interested in that.
Q. What was Harrington’s interest under that,
ns you understood it 1
Objected to that the deed speaks for
itself. Withdrawn.
Q. Have you made any payments for Mr. Har¬
rington to Mr. Edison from 1871 to 187(5 1
A. Yes, sir.
Q. What for and on what account 1
1474 Lowrcy. — We do not see the relevancy of
this to tl.e issues in this case. The transactions or
relations of these gentlemen in 1871, in onrabsence,
might possibly, in some view east light upon some
particulars of the case ; but although we nil know
tolerably what are all the facts lying outside of the
issues, I am unable to refrain from expressing my
positive belief that your Honor will find that it lias
no relevancy ; and I think it is my duty, at this
stage, to object.
il/r. TPicrfen— Onr view is that it is quite mater¬
ial to show, under the pleadings in this case, that
Mr. Harrington and his associates made large
advances for the purpose of .enabling Mr.
Edison to experiment in the various systems of
telegraphy. We put in evidence the agreement be¬
tween them, which is the foundation of our title ; 1475
and I think it is quite material to show what was
done under the agreement — that tl.e parties act¬
ed under it, and that payments were made under
it ; partly to rebut the statements in the answer,
and to which ovidcnce lias been given, that we had
no interest in the patent. It covers the ground that
they have sought to cover in their examination of
Air. Edison, as to payments made by them to assist
in experimenting, which they gave. We propose
to show that, before that, and during all that time,
nssistai.ee was being given by tl.e associates of Air.
Edison to enrry out the partnership deed. lift}
The Court. — Tl.e question relates, as I under-’
stand it, rather to wl.at was done by. the witness
on behalf of Mr. Harrington than to any relation
between tl.e witness and Harrington. The latter I
should exclude.
Mr. Lowrei/. — This was a partnership between
Harrington and Edison as was proved. Tl.e
capital of the iimi is fixed here at §9,1)01.
n -the pnper; tl.e qnostion .now leads to an
ncconnting.between the partners ; the effort is ap¬
parently to show that one partner advanced some- 1477
thing to the other.
The Court. — They cannot go into a settlement of
the partnership relations, but if it can be shown
specifically that Air. Harrington did advance money
for the purpose of enabling Edison to pursue, his
experiments, it may have a bearing on tl.o rights of
the parties hereafter. On the other hand, an ex-
»MraS?a*."»
nnsw° r to Hint imrt lculrtr subjeet. I .Hunk tho ques-
1478 tion is to be allowed.
Mr liussd.-l would like to state tl.o real ob-
ie(J 'Heroic, imrtne.sl.ip deed for n period of
■ v= .,„d it is an important thing to
Sir’S? Si "T
are two objects of the partnership, one
the manufacture of automatic ^
ceased to be of any importance, _and the other 'ft
naUnership in inventions, and it is under that deed
rim ["we claim the title. Wo might rely upon ho
leJl presumption that tl.o partnership continued
n fortlm term specified by the deed ; hut we ^mot
1470 hound to rely upon that presumption ; a ifcl t to
show aiiirmatively that the partnership and
continued during the whole period '>r '' ^ ' ;
was made ;and this witness will prove, among otliei
things, that he made payments continually on ac¬
count of this partnership, from the penod of its
date down to and after the agreement between the
Western Union and Mr. Edison.
Mr. Lmoreu — Let me see if this is a fair under-
standing — that my learned friend chooses to aban¬
don the affirmative of the proposition and assume
. the burden of giving proof!
Tlic Court— l will admit the testimony.
Defendants except.
Witness.— During what time!
Q. Between September, 1870,’ down to 1870—
dou’t ask the precise amount!
A. Directly tor experimentation under Mr. Edi¬
son, to divide the accouut fairly, I presume between
$00, OOP and $70,000 ; and in developing ins general ,
inventions ^connection with the line, probably $140,- tv.
(KH) additional.
• Q. What limit, if any, did you put upon the
scope of his experiments ( 1481
A. We asked him no questions concerning the
Held of his experiments.
Q. When were those payments made— the prinei-
A. Principally in 1871 and 1873, although there
were some considerable payments made as late as
August or September, 1874 — some considerable
payments ; the payments were almost coutinous
during the entire period.
Q. Have you got a memorandum of these pay¬
ments, showing the dates!
A. I can furnish the Court, I have not one with
Q. Were the payments in each year ?
A. Yes, almost continuously.
Q. Continuous or during each month 1
A. Yes, there were one or two small breaks of
two or three months each.
Q. The $0,000 of capital to be contributed by
. Harrington— do you know what was done about
that by Harrington!
A. Except that it was contributed.
Q. How much did lie contribute!
A. Some $15,000 prior to Feb’y 1, 1871, proba¬
bly, and probably more ; that would be within
limits.
Q. Have you any patents for Edison’s inventions
ill electric telegraphs in your possession since 18701
A. Yes, a huge number.
Q. Ilow did you become possessed of them !
A. Thev came to me in the regular course of bus¬
iness; I was custodian of the books and papers
and general controller of the outfit.
Q. You can produce them! A. Yes, sir.
/
'• i&sss^T^'
t5“SKS»57^S?S
with Mr. Eckert and others , nml
^'a^Ih the Pull of 1873 ; I invited General Eckert
to go, and went with him myself.
* ?;,VUr!(!t"!v’u^'o st a number of M,Edi- •
1485
4 "TiTi t » , »a P.W — «i “»
fluids, and liad general charge.
Q. And got the patents. A. \es, si -
ft And uiiid the patent fees 1 A. Yes,
Q. And had general charge of the business
A. Yes, sir.
Q. You were treasurer 1
A. I was trensruer of the fund.-t . io(i
Q. The question is whether during W1
Mr. Edison disposed of any of Ins inventions in
] 48 : electric telegraph Tor Ins own benefit
. A. Yes, sir ; lie did.
Q. What inventions were they 1 , ,
A. A large number which lie made nndei ar
tract with the Gold and Stock aelegrupH Co npa . ,
mid one or two inventions in connection nitli «'
trict telegraphy which he disposed of ^to the D •
inestic Telegraph Company, and
inventions, in the same line, which lie disposer!
it ^ ™4»ph"Oo*^y,"r
Mr. Lowrey. — He has given the reason li ^88
not proper to give, at first! ’ rt wns ,
Witness — An additional reason was that it was ; JwW
SVlI:n{,h,Se connoction wklumy- ‘ W
. **2Mats if' hi” W
witt uTon^Kl rk y°" ,1b0Ut *"« '•'“-•view \
■ orvio''' ^lh 'jlr.^rtoil,' Piiwiden t'of^tlle W^tern
Union telegraph Company, in or about July W74 ucq
n rela tion to telegraph matters; if so when was US9
. that intei > I 1 i 1 1 t f, , ”
con vei-sn Hon t «i»>jecr or
think >1’lf,t,w«'B two interviews about that time; 1
flunk . they occurred about the loth and loth nf
June isr-I, at the nllioe of Him,n Urni.ev!
Q. jVlmt was the select of the conversation 1
^ fervSfc- h
V' , , met him, and he desired to know wl/oOT’ned nml j >
Mr* lu^XL controlled tlio various patents that Mr. Harrington!
frUi d » connected with. I explained to linn liow they
, were controlled.
Q- Wlmt did you say ? t '
^ A That Mr. Little’s inventions were controlled
J1 XL-,, 1490 by the Automatic Telegraph Company, in connec-
X %u~ \&> tion with a contract with the National Telegraph
etaSL. 6MAU-i> ^^Com nan v, and that allot Mr. Edison’s inventions
tWz^XT, were' controlled by Mr. Harrington, in the interest
d. 7 W *( ot Harrington a„d his associates, and Mr. Edison.
^f. What else was said?
<^&J<^^comi)anv and that idiot Mr. Edison’s inventions
9o~GZXS, were* controlled by Mr. Harrington, in the interest
1. 7W 0r Harrington trad his associates, and Mr. Edison.
Q. Wlmt else was said ? .
h <A -l^e.CoSKo A. Mr. Orton stated to me that lie desired to.
Tu. A if have all the inrormation I could give lum about the 0>«,
fy/ja Uf jt f ' \ relation of these parties, and the control of these J "IT
h U things, so that if anything could be done lie wanted^
ssssasess „ rwaa? «
#. fUu, (. Edison’ s inventions; he did not caMyj^thmg
Mr. Little’s, or anything the AttS^Pleie-
Kraph Company had ; that Mr. Edison ^asrayery
StiAjjlwU } aw ingenious man, but very erratic ; lie would dike to l/g.
,w» _ . . riM.lv in die interest of the Western*/?
turn, ingenious man, but very erratic ; lie wouiu ime to -
Oj(u):/3«awJ/«» have him entirely in the interest of Hie Western XfcT-
* 1*^3 R»0llion Telegraph Company, and would like to have
^cW^'^^-^nattei-s so arranged that lie could put linn under} '<*
(Jitrto <*7*1*4-,' W"imA c«.charge ot Mr. Prescott; and ho desired to know
&i PaSCOTT of me what would induce me to have Mr. llarring-
^cliatgM of Mr. Prescott; and lio desired to know*
S>\ fixSCOTT of me what would induce me to have Mr. Harring-Wlug
ton and myself secure to a satisfactory party all 0^4
Edison’s inventions.
1-192 Q Wlmt answer did you make to that i
0rW*u«&l*w<>*A. I told him we were then negotiating witli cer-
lokexTu^-t 8. ftj#in parties for the formation of a new telegraph
Company, and we were under some moral obliga-
Sid hu/L. ^liUi ons to them from which I did not think we could
f*nt£;.i.<ukxb''8x> [be released, and at that time I was not prepared to
Jiinc«rtM^A*KcL~\lisciisa the matter of price or sale at all.
»rWi(AQ. Was anything else said by either of you «
JtaZ3l,/y*'- A. I think nothing material except enlargement
of this general subject.
teL-JO zfl-tj. &Q J ’gJ-Oyi, , f
d hCj&d kntVs. i 5 *$/■
1 ^ faxMLhJ:1 ({. m cWeC Uulj
tMW' oumZ) bu CLA. uwUjf. rt^/VCvO/^ui/vJ^ 0. SS&pHu
Q. Yon have spoken or two interviews. Have
you given the conversation at both ?
A. Generally ; the subject of tho first interview
related rather to an ascertainment of the relation of.
all these parties, and one thing and another con¬
cerning the title.. Mr. Orton had not more time to
spend that day, nor laid J, and ho requested me to 1493 .,
call tho next day at about the same time and place Wm
T consented to do so. and the next day we accord- 0
ingly mot. The first, suggestion Mr. Orton made *<_, ^ .
®ft*"'ns fl'i't- we should immediately get to business ; 7^-
and it was at that time that lie asked me thisques- 6 H
tion, wlmt would induce me to have Mr. Harrington
transfer’ all of our interests, including Mr. Edi-A^jk- ^<0 U
son’s interest and his goodwill and so on— what- ^ fy' tUU u/UaJr^
ever our relationship was, to a satisfactory party. <**»*<■ wiLou4m-A
Q. Do you recollect having had an interview with Cj Ciu K/hfa
Mr. Edison in reference to rhereported negotiations ' ’
with Afr. Prescott of the Western Union Telegraph 1494
Company', before the 19th of August, 1874 ?
A. Yes, sir.; a number of them;
Q. At what time?
A: At various- -times dnring the spring and. early
summer of 1874, mainly'. ; ■ * jdjMmSjr
Q. Any interview about the time of the writing of JB^T
the letter from Harington to Edison which you have . WMF
heard read ? J0r
A- T"es, sir ; about that time— prior to that time...
Q. Can you fix the date ? W
A. I should say that I had several interviews V
with him during the latter part of June and the
first few days of July. .1-195
Q..:Wlmt did you say to him on .that subject? .
Admitted; defendant.excepts. .
fU ^ tf'iPctiGZCTuJk:
■ <M7I ^ c<M^i fo>
448
A. Mr. Edison cake to me and said ho was in
great need of more money to meet his. pressing
necessities, and that lie could make ia sale i of Ins
quadrnplex to the Western Union 'lelegmph Com¬
pany, apd it would give him some money to get
him out of his present difficulties, and it would not
149 . injure us at all, and ho thought he would have to
doit Whereupon I told him that it would very
seriously injure us, and lie must, under no circum¬
stances, give them the quadruples ; that I would
endeavor to furnish him the money lie needed my-
■ self ; that we would make it up some l.ow or other ;
it was for the purpose of paying off a mortgage that
was then pressing him.
Q. On wlmt. 1 A. On some property in IS ewark. .
-■ q i)j(i you, in pursuance of that promise, snp-
vfll ply him .with any money? A. 8/000.
Q. IIow soon after this ?
A. I think I gave him some on the Sd ilny of
14<J7 ju]y . i g.lve him various amounts during the
month of July, so that lie released the mortgage of
810,000. r .
Q. You mean discharged it 2 A. Yes, sir.
Q. AYliicli mortgage was that 1
A. A mortgage he had given to a former partner
or his named Unger. "
Q. Did Edison show you a paper dated 9 th July,
1S74, between himself and Prescott? A. Yes, sir.
Q, Did you have any conversation about it ; and
if so, what was it?
A. He brought that paper to me immediately
1498 after it had been signed, and submitted it to me ; I
' read it over, and I saw that he had done just
exactly what I had told him lie must not do, and L .
told him lie had committed a great mistake, and
had injured us very seriously, and the thing must
be stopped.
Q. That was on the Otli of July 2
A. It was on the afternoon of the Otli of July.
Q. Then followed .this coijyersafipn, (il^out the
money?- '' ' ' * , ,
gage, somehow or otimr °,,M ^ Cnre °f this mort-
A eIsV'?,,s 8,,i‘l 011 subject ?
Sin, tluninm SrIJSK j81 « Id 1499
Mr. Butter.— It was part of the a
i vernation.
Hof' ^«'Y-We cannot have all the . .
nefrT ('m'.r.i—lLwas after the execution of the pa-,- n
per that this conversation was had ? 1 a ^00
Thf ref ' UXXe,/t—Jhe i)al1,M' which was abandoned,
l ie real contract was the 30th of August ; the
question is wliat occurred before the 19th of August.
Mr. Butter.- We offer that for the purpose of
bearing on file question, whether he was .-cttiii-
full compensation, or selling under a morel duress!
anil also to show that lie, at that time made nr
rangement l.y whirl, he thought he could protect
Mr Harrington. For instance, ns illnstretion, he
says: “I have pur in there that nothing can he,. ,
sold by the Western Union, or anybody else, with- 1(1,1
ontingree. and I will not agree to have anything
sold Without you and Mr. Harrington agree to it.”
That would show two facts— show that he recog¬
nized at. tin* time this binding obligation of Mr.
Harrington, and endeavored to protect it ■ for you
. observe that in hot), the eonlncia there is the
agreement, that neither shall dispose of. sell, or
lease, or license, without consent of the other. 1
where a conversation comes in m pint,
no rule of law that excludes any portion of it.
02 '/he Court. -Wc only want those portions that
hear upon the matter in issue ; I don t want topnr-
sne the investigation any further, than is neces-
Mr B-ulUr,- In offering testimony, if there can
he any supposed use in which it could become ma¬
terial, it isadmissible.
(Mr. Lowery moves to strike out the
answer of the witness to the last. ques,.
tion.)
1503 The Court. — I decline to strike it out,
(Defendant excepts.)
Q. What else was said ? '
Objected to ; admitted ; exception.
A. I stated to him that was a saving clause, and
that he must take no money under .Hint contract ;
that 1 would raise him this money. He said, “ All
right,” or something to that effect, and itwns upon
that, and after that interview, that I arranged with
Mr. Harrington and a few others of the associates
15U4 t0 famish him with this money— to advance him in
paying off the mortgage.
Q. Your interview witli Mr.. Orton was before .
this?
A. Yes, sir ; in the mouth of June.
Q. Look at this agreement, Exhibit 80, and state
if it is a duplicate of this agreement that, Edison
showed you on the 0th of July, and. of. which you
have just spoken ?
451, v
. A. I think it is, sir;
Q. That visit to Newark, you spoke of,, with Mr
Eckert, was any one else of tiie party 1
A. Mr. A. B. Chandler and Mr. E. S. Brown, and
probnbly one or two other gentleman, whose names
I cannot, recall. \
Q. When was that visit? If
A In the fall of 1873. •
Q. Was that -the occasion as to which the other
witnesses 1 1 uve testified ' A. Yes, sir.
Cross -examined by Mr. Lowrcy ;
■ Q. In wlmt form did you pay to Mr. Edison this
money which you have just said you raised for him?
A. I think I paid but very little to him
myself ; I handed it to Mr. Unger, for his account,
Q. In what form did you pay it to Mr. Unger?
A. Part of it in cash ; I may have given him one
or two small notes ; I nm not confident. 1506
Q. As to tile notes, did you pay them ?
A. I think subsequently ; probably (52,000 ; I am
not confident as to the amount— not over that were
paid by Mr.. Edison himself ; bat §7,000 or £8,000,
or probably §9,000 of the amount we paid.
Q- I have information from Mr. Edison, and 1 ■
wish to ask whether it is correct, that all tile money
lie received from you on that account, and on tiiat
occasion, was about. §3,000 in notes, which notes
were aftewnrds protested, and lie had to pay them.
A. It- is not so. If he said so. lie is mistaken.
Q. How much actual cash did von pay to Mr.
Edison ? ’ I • 07
A. I cannot answer that question literally ; but
I will give you your answer if you will
allow me to give it in my own way. 1
I have the cancelled mortgage in my possession with
the receipts thereon endorsed by Mr. JUnger ns
having, received from me §10,0(10 at various times
during the month of July.
Q. You know whether these receipts express tile
truth? A. They express tliu truth.
ZJ
think, upon n question before n Court of lniv, flint,
it would be exceedingly instructive and important
to know the exact condition of his mind. Now,
the conversation conies in, and is: in in part : and
where a conversation comes in in part, we know of
no rule of law that excludes any portion' of it.
1002
rlhc Court- — Wo only want those portions that
bear upon the matter in issue ; I don’t want to pur¬
sue the investigation any further, than is ueces-
Mr. Butter. — In offering testimony, if there can
be any supposed use in which it could become ma¬
terial, it is admissible.
(Mr. Lowery moves to strike out the
answer of the witness to the last. ques.-.
1503 yyie Court.— I decline to strike it out.
(Defendant excepts.)
Q. What else was said ?
Objected to; admitted ; exception.
A. I stated to him that, was a saving clause, and
that he must take no money under that contract ;
that! would raise him this money. Ife said, “All
right,” or something to that effect, and it was upon
that, and after that interview, that I arranged with
1504 iIr' IInllin£ton !,,,d a few others of the associates
to furnish him with this money— to advance him in
paying off the mortgage.
Q. Your interview with Mr.. Orton 'was before .
this?
A. Yes, sir ; in the month of June.
Q. Look at this agreement, Exhibit 80, and state
if it is a duplicate of this agreement that Edison
showed you on fclio Otli of July, and. or which you
have just spoken ?
_ _ .
451-
. A. I think it is, sir; -
Q. That visit to Newark, you spoke of, with Mr.
Eckert, was any one else of the party 1
A- Mr. A. B. Chnndler and Mr. E. S. Brown, and
Q. When was that visit ? 1505
A In the fall of 1873. .
Q. Was that the occasion as to which the other
witnesses have testified ? A. Yes, sir.
Cross-examined by Mr. Lowrey ;
In dit1 y0n to'Mr. Edison this
money which you have just said you raised for him?
A. t think I paid but very little to him
myself ; I handed it to Mr. Unger, for his account.
7 7? "’hat form did you pay it to Mr. Unger?
A. Part of it m cash ; I may have given him one
or two small notes ; I am not confident. 1508
, t , !0,th,; notes’ did you pay them ?
A. I think subsequently ; probably §2,000 ; lam
not confident as to the nmount.— not "over that were '
paid by Mr.. Edison himself ; but $7,000 or $8 000
or probably $0,000 of the amount we paid. ’ ’
Q. I have information from Mr. Edison, and 1 ■
wish to ask whether it is correct, that all the money
he received from you on that, account, and on that
occasion, was about- $3,000 in notes, which notes
were af te wards protested, and he had to pay them.
A. It is not so. If he said so. he is mistaken.
h°w «*"«h actual cash did you pay to Mr
Edison? V * i * 07
A. I cannot answer that question literally ; but
I , will give you your answer if you will
a low me to give it. in my own 'way. 1
I have the cancelled mortgage in my possession with
the receipts thereon endorsed bv Mr. lUnger as
. having received from me $10,000 at. various times
during the month of July.
T011. Ic,‘?'v Whether these receipts express the
ti uth f A. Ihey express the truth.
7-v
m-
Q. Tlien you paid 810,000, diil yon, to Mr. Ungor?
• A. A part of that payment of §10,000 may have
included these one or two notes which Mr. Edison
subsequently paid ; tin.* notes given were Edison’s
notes endorsed by Mr. Harrington, myself, and an-
.... other gentleman.
1508 Q. Do you mean, then, it was intended at the
outset that yon should not pay these notes, that
you were merely by your endorsement to give Mr.
Edison a temporary credit?
A. We were noljjit that time indebted to Edison
for’tlmt amount ; we were assisting him.
Q. Was it the understanding, that these notes
were not to be paid by tile endorsers ?
• A,. It was a mutual arrangement. ..
. Q. -What' was the mutual arrangement?
A. If Mr. Edison could not or did not pay them,
we. would pay them. .
1500 Q- Eat as. between yon and Mr. Edison, was it
understood that you merely gave hint a temporary
credit by your endorsement ? A. -No, sir.
1 he. Court.— That is the legal effect of the instru- '
meat. . . :
Mr. Lowrcy. — That may be ; but the witness
started out to say that he paid out a large sum of
money. ■
The Court.— And lie contradicts himself by say¬
ing that so far as the notes are. concerned, lieen-
jj-jydorsed them.
Mr. Lowrcy. — But this might bo a mode in which
that arrangement was set aside.
r. The Court.— Do you wish to show that if was ?
Mr Lowrcy. — If the fact is po. I am not afraid,
of any of the facts.. I would like- to know what
they are.' _. . , . " .
. -
..1512
this'-we^r!'! “rri"1 i»y0nd
Ar‘' ;,'.u,'|,<1 t,MI5 we"'ero interested in pre- . .
nmiW ilr; Kduon, and especially interested in 1511
Patenting him from eommitting any error that
would involve him or injure us'- and it was a
tnal aid that we extended ; I did not expect Mr.'
Edison should pay these notes himself.
Q. But so far ns the face of the notes was con-
cerned, you wrote nothing upon them, and did
nothing hi connection with them that should warn
others that they were other than the notes of Mr
Edison, endorsed by you ? A. I think not.
Q. Then so far as that part of the payment is
concerned, you did not pay Mr. Edison anything,
but endorsed lus notes for accommodation ”
A. I think that a part of the notes I
given' were discounted by one of our associates
and the cash paid. ’
Q. Yon have referred to the Domestic Telegraph
Company, I think by name, but at all events said
that you and several others organized a scheme to
carry on telegraphy on the principle of Little, was
not that known generally as the Automatic Tele¬
graph Company ?
A. I did not say that, I think.
' Q. Is there an organization in which you have ar
interest known as the Automatic Telegraph Com
puny, or has there been nt any time ?
A. I have ail indirect interest — yes, sir.
Q. And is there such an organization?
A. There was nt that time: '
Q. When was this company organized— Auto¬
matic Telegraph Company ?
A. Early in December, 1870.
Q. That company is organized for the purpose of
■sending telegraph messages by menns of an auto¬
matic system ?
1513
I
7"
[04
A. No, sir j not solely for that. -- .
' Q I ilo not refer to the purposes expressed in its
legal organization. I ask ns to the purpose of the
founders! ,
. A. The purpose was to cheapen telegraphy, ana
one of the bases was (lie superior claim of the
1-51,4 scheme of Mr. Little, of a superior system over
' anything outside of the Western Union Telegraph
Company. It was organized in opposition to the
Western Union Telegraph Company.
Q. At the time it was organized, was any means
known of cheapening telegraphy so far as the tele¬
graph is concerned, except Little’s system ?
A. Yes, sir; several in Europe.
Q. What was the AY heat stone 1
A. Wheatstone was one ; it was so early in my
experience that 1 had not investigated the subject.
Q. Did you then know of any other .plan of
1615 C11U!I polling telegraphy by thu use of the operation
besides that 1
A. I don’t think that question is one. I can an¬
swer in that way, because I know of a great many
Q. I have limited it to the method of operating
the telegraph, and as matter of fact, the only thing
in operation in this country at that time was the
Morse system and the printing telegraph.
Q. Tlie Little system was an existing system at
that time 1 A. We thought so.
Q. And upon that belief of yours in part you
organized this concern 1 A. In part.
1510 Q. Yon also knew at that lime that there was a
system called the AA’heatstoue system which yon
took to be a cheaper system than the Morse 1
A. 1 had no view concerning it.
. Q. Had yon any view concerning any other sys¬
tem of telegraphy ns being a cheaper system gene¬
rally 1 A. I think not. •
• Q. Then you started in for the .purpose of work¬
ing in tlie hope that you might succeed practically,
witli tlie Little systum 1 A. Not exclusively. .
| | Q. What else did you intend to work ?
A. Tlio Morse System.
Q. Did you' intend to work that cheaper than
1 other people could work it ? A. Yes, sir.
Q. In whiit manner! .
A. By conducting the business in n more effica¬
cious mnnnui and at lower rates. 1517
. Q. By paying less wages, less for stationerv, less
for rent, and otiiercurreiif expenses of the business!
** * A. No, sir-; h.V no means.
Q. You did not. mean to make tlie business more
economical ?
» A. We .expected to use just ns good material as
other people, but we believed it could be done
Cheaper and lit a lower expenditure;
Q. Did you believe that you could work the
Morse instrument on a wire cheaper than other
people?
A. That was an experiment that we proposed to , r , „
make. ' Jjl°
Q.. Then, you organized your company for the
general moral purpose of cheapening telegraphy,
and you availed yourself of the Little system to ac¬
complish it, and intended also to work the Morse
system cheaper than others, if you could ?
A. No, sir; we did not do it for any such pur¬
pose at all ; we were not missionaries ; we went into
it for the purpose of making money.
Q. I don’t want a tournament with you at all ;
I should like to have a fair answer to my question ;
I am simply desiring to get at what the actual pur¬
pose was at that time? lo]9
A.. I answered several times that the main basis
was our belief in the possibilities of the Little
system of automatic telegraphy.
■ Q. You owned the right to use that system to
the exclusion of others?
‘ A. We had a contract by which we might sub¬
sequently control it.
Q. It was a patentable system, was it I
A. Certain features of it.
Q. Part of your purpose was to control those
patentable features 2 A. Yes, sir.
Q. Have you given a good deal.. of study and
thought to the subject of telegraphing, and had yon
done so at that time 2 A. No, sir.
Q, Wlmt led you take an interest in the automa-
1550 tic'system of telegraphy, on the Little system of
telegraphy 2 A. My entliusinm.
Q. Wlmt was your entliusinm Tor what, thing!
A. For the means of transmission, which seemed
at hand, so that one wire could be made to do the
work of a great many. •
Q. Now, your entliusinm fed upon some particu¬
lar thing ; what was it 2
A. One of the things was the promises of Mr.
Little.
Q. Was not your thought, and expectation at
that time directed almost entirely to accomplishing
this object through such means as Mr. Little had
■" suggested or similar and related means! A. Re¬
lated in what sense.
Q. As being automatic 2 A. 1 think not.
Q. AVlint other things in respect to cheap tele¬
graphy caused you to be < nthusiastic than those
things which related to automatic!
A. Do you propose to limit it to the time at
which the Automatic Co. was organized.
Q. No, sir.
A. About this same time 1 became acquainted
through Harrington with Edison, and learned of
' his great ability in the telegraph art, and Hnrring-
1622'ngton had already at that time.secured this con¬
tract with Edison.
Q. Which one 2
A. October 1st, 1870; and we expected great re¬
sults over there from the statements which had
come to us concerning Edison’s ability.
Q. Now, keep yourself carefully to what you
then knew rind thought, and toll me .whether your
expectations did not relate principally, if not soiely
to Edison’s ability to improve the Little or other
automatic systems of telegraphy! A. Yes, sir.
it^TT1'^ °bjoctof 3-our mind, was
t . a. My mind personally.
Si
•ys
SSSSrSsS*
mentor 1870? ' OUt ,lle ,l"1'ee'
The Court The motion was, did they regard
- •>-«-«
A 5 W'!at 'v;,s tl,e of Hie organization of the
Automatic telegraph Company 2
A. About tlio fith of December, 1870.
Q. Was that company o | , j , th I
Of this State in permitting the organization of tele¬
graph companies 2 A. Yes, sir.
Q. Tt was therefore organized to build a line of
telegraph and operate it; that we all know; did
you proceed to build a line? A. No, sir
Q. Did you purchase a line 2
A. We made a contract for a line. p-
30. Q- Hid the Automatic Telegraph' Company ever '
require a line of telegraph 2 A. No, sir.
Q. Did it ever operate one 2 A. Yes, sir.
Q. Between wlmt point?
- A- ^w York and Washington.
Q. Freni whom did it acquire this line !
_A- By contract with the National Telegraph
' Q. That was n corporation organized in tho same
manner?
A. I' can’t state as to its distinctive features —
generally, I suppose so.
Q. Mr. D. II. Craig, who was spoken of by Mr.
Edison, was a party largely in interest in the Na¬
tional Telegraph Co. ? A. I think not, sir.
Q. Was he largely interested in the Little patents}
A. He claimed to have some interest.
Q. Did lie act with you, either by- way of nego¬
tiations or in concert in the carrying on .of this
business of automatic telegraphy 1 A. No, sir.
A. At the time of the organization, Mr. Craig
was to (ill the place of the News Department in a
i'eiegrapli Company ; and for temporary purposes
Ins name was put down as a director to be subse-
piently yielded to another gentleman ; that is the
nily ollicial connection lie ever lmd with the com-
lany ?
Q. Tell me what Mr. Craig has ever had to do
with automatic telegraphy ?
A. He has had a great deal to do with it in con-
lection with the newspapers, in fact everything
hat was done.
Q. lias he been an exponent and promoter of it
hrougli the newspapers ?
A. I could not call him a promoter, except in-
liry is a promotion.
Q. I understand the' 'humor of your answer; did
le appear in the character of a promoter?
A. Yes, sir.
Q. Has not Mr. Craig had more to do with
''riting on this general subject and the publication
n the newspapers generally than anybody else V
A. That is a general question ; lie had n great
leal more to do with it tillin’ 1 ever lmd.
Q. Or than anybody else?
A. Than anybody associated with me.
Q. He was in tlie National Telegraph Co.?
Q, Not at all; no interest in it?
A. Ho had a relation to it.
toTOirabikbl!.^ VLT- "'ith Mm respect.
Company?1”?1. ^AViJ'.siiV^ fl° 1
line ? lf°" l0"ff <li(1 y°" cw"tinue t0 operate this 1529
oMfttu'n from about the summer
of 1871, until about the 1st of January, J873, expert-
' , " k,"°- Slll,K':(l,,e"tly to that time until
"eZ«l i •li,ry’ We l'ortially for
general business and partially for experiment.
. Mow was that line, or the operation of that
company, or the business carried on by it spoken
<>r generally by way of description— was it called
the automatic telegraph i
^ A. ft was called the Automatic Telegraph Com-
Q. I mean the business generally. Was not 1530
that line and its operation called the Automatic
i elegraph ?
A. I don’t know.
Q. Was it not called the Automatic Line, gener-
illy?
A. 1 don’t know that it was.
Q. Didn’t you advertise it !
A. We always advertised as the Automatic Tele-
;mpli Company— the line of the Automatic Tele-
raph.
Q. Among those poisons who had to do with the
mipuny, and with whom you did business con- ig8i
lining it and its operation, did you ever hear it
died the Past. Telegraph ?
A. No, sir ; not in that connection.
Q. Did you ever hear it called the fast, telegraph
i any connection. A. The automatic system ?
Q. Yes, sir? A. Oh ! yes.
Q. Wasn’t it as often called the fast as the auto-
ntie ? A. By no one except Craig.
universally called the last or automatic telegraph
system ? A. I think not.
Q. And linnlly what became of the work nnd bus¬
iness of the Automatic Telegraph Company ?
A. It was transferred to the charge of General'
1532 Eckert.
Q. The President of the Atlantic and PncilicTel-
egrapli Company ? A. Not in that mime.
Q. He is (lie president of the Atlantic and Pnoi-
iie Telegraph Company ? A. Yes, sir
Q. That is the person you' refer to?
A. That is the person I refer to.
Q. Hid you devote much time and what you call
enthusiasm during these years to this system of
telegraphy ? A. Yes, sir.
Q. Had you personal and pecuniary interest in
it ? A. The largest individual interest.
033 *k|VU y°» expended considerable sums of
money ; I don’t ask you how much?
A. Yes, sir ; many thousands of dollars.
Q. You say this business has been transferred:
has the stock of Ibis company been transferred to
General Eckert i A. No, sir.
Q. By whom is it now owned ?
A. There was no stock of the Automatic Tele¬
graph Company, proper, ever issued.
Q. Hid not Mr. Harrington, by certain agreements
made in 1873, undertake to convey to some other
persons, the entire interest involved in the Auto¬
matic Telegraph Company ? A. Yes, sir.
034 Q. Have controversies arisen between yon nnd
those purchasers, as to whether that title did. in
fact, pass; Ido not wish to go into particulars of
your private affairs ; I only want to know that you
are, infact, the claimant as against the Atlantic
and Pacific Telegraph Company, at this moment of
all the interests which they say they got from Mr.
Harrington? A. Am I bound to answer that.
Tim Court. — Yhh. 'xir t
tlmt T . . * •' rel,so,> of certt
that I won t go into now, that the come
here 'dhln'! /t* ?'•
sm,-,.- ° <i,ro,:f> ,,ml 51,111 <>H those
. i , ," m 1,1 y°" nnd your associates?
A. That is our claim. '
Q. Look at the pamphlet 1 now hand
A. ^1 think Vu>t.l ,'<* * ' '' " lwf"m?
• -Sis
c n m",., in New York, January 28th, 1
«hicdi was by you enclosed i„ a personal ,
^ Orton? A. T remember that circular.
Q. Mint was issued by Air. Harrim-ton a
dent of that company, was it not? ” ’ *
A. I don’t know whether 1m signed I, in
president. It, was practically issued bv me
Q. Bid you sign Mr. Harrington’s mime >
A. No, sir. •
Q. It. emanated from the office of the conn
A. Yes, sir. 1
Q. And you brought it to the attention ,
Orton on the date or your letter, did vou not
A. It must have been at that time. *
Q. You wrote the circular, or issued it I
A. I assisted in preparing it. What I me;
say is, the test was got up at my instance.
Q. I understood you, a little while ;mo t
that you never used the term “fast systen
synonioiis with automatic. Look at that cir
and say^whether you will not correct that 1
Q. Have you used the icrm “ fast” yours,
synonymous with the automatic system, in s
ing with persons associated with Vou in the
graph business, or other persons who were cm
in the telegraph business ?
—The significance of the tc
\ *
402
material ns bearing upon the construction of the
agreement, ami unless it had a signilicnnce prior to
the issue of the agreement, the use and acceptation
itself, among other electricians and those actually
concerned and engaged in the telegraph business,
I can hardly see that a subsequent application of
3 G38 the term in that manner would have any bearing
upon the question at issue here.
Q. Whom else have you heard than Mr. Craig
make use of that word, in that sense?
[Mr- Wheeler asks that the question
be limited to the time of about this agree¬
ment ol: April 4tli.
. Mr. Lowrey stated that he expected to
connect all these periods.]
The Court. — If the counsel intends to show that
IQ3g it had that use prior to that date, I will allow the
question to be answered. All I require is the coun-
Isel’s assurance to that effect.
A. I do not think that I eoukl name an indi-
Q. Have you, yourself, ever made use of tile term,
either in speech or in writing, to indicate a system
synonymous with the automatic system ?
A. If you would like to know what facts I had
about tile “ fast,” I will tell you them.
Q. I have not the slightest interest in that ?
A. I see what you want.
2’/te Court. — The counsel wants an answer to the
question? A. Not strictly — no, sir.
Q. Will yon look at the circular, dated January
28tli, 1874, which you say you either prepared or
caused to be issued, and read the first two lines,
and see if you will correct the answer.
• Objected to, and excluded.
The Wilnesx.—l q.mliliy that ity saving that it
.”VTr 1
Hug, on . Li';r
dom-e.LO"T<,y0'r°,'e(1 tG rhe dwn'w Inert-
It
Objected to, on thogmund that it bears
date January 28th, 1874, and cannot have
any legitimate bearing on the contract of
April 4th, 1871.
a ,5r- frrey\~X 0ffe‘' ,-t 'vitl* «“> view of showing
a use of terms by persons engaged in the business j
and I expect to show a continuous use of the terms,
, ra!n ,,1u,1"fy >*y the witness, the papers which I
have m my hands. Harrington, one of the parties,
appears here ; another parly is the gentleman on
the stand All this is only a part of a chain of
proof, tending to show that there did exist among liH
these people a clear signification of the word
hist, and that it meant automatic. I shall at¬
tempt to show that it meant the particular auto¬
matic they were working.
Mr. jir<m/erS~ Mr. Lowrey handed up the paper
to show that tl.e witness was mistaken in one of his
auswei-s. He caniiol contradict the witness by a
paper which the witness said lie ilid not draw.
J/r. Lowrey. — This is a circular addressed to the
public, signed “C-feorge Harrington, president.” It irj,
is indited! from the office of the Automatic Tele*
.graph Company. It. is enclosed to William Orton,
president, under date, February 17th, 1874, some
lime previous to whatever notice the witness gave
to Mr. Orton of the understanding and agreement
between Harrington and others, and brings his at¬
tention to a paper, which contains, among other
'things, the interpretation of the word “ fast.”
The Court. — I think it tends to show wlmt signili-
ChsX,
(Exception taken by Mr. Wheeler.)
Q. Do you know Mr., George B. Hicks?
Q. Do you know who he is ?
A. I have heard that lie was the man who made a
repeater, which they used in a magnetic! telegraph,
and who resides at Cleveland.
Q. Have you never heard of him ns the agent of
the Western Associated Press ?
A. No, sir.
Q. Look again carefully at this pamphlet which
you have already. looked at?
A. (After examination.) I don’t think I. ever
...... a document of that character. I certainly
never read it.
' 1545 ,
Mr. Lowrey : I cannot prove by this witness the
paper which I relied upon when I gave the assur¬
ance to your Honor, and which is necessary to con¬
nect the other proofs. I therefore can proceed no
further with this topic.
Q. When you saw Mr. Orton in town, you gave
as a reason for not meeting favorably his question
or advance, that you were then engaged in negotia¬
tions with other persons to whom you were under
a moral obligation ; I so understood von ?
A. Yes, sir. ’ * ‘
104G 9; Tllose negotiations were with other persons
with respect to the sale of tins automatic telegraph
were they not ? A. Partially.
Q. What other tilings than the sale of the auto¬
matic telegraph t
A. We knew at that time that Edison laid made
very great improvements in other directions than in
tile automatic system which we wore using ; and we
proposed not only to utilize those, but to get from
the other side whatever there was good at that
. time, and consolidate it.
,0O W-n ,r,"Ti"«f0" «»d associates. d° 'V°"
ill you name them ?
0#®E5S5S»s
° /'y i ' i
4 Yes si" f H,0Sl! "«fi"Hations ?
ter^of 1*874! ‘ntwapted sort of 11 way until the win-
silP‘ ,ll!" ,V,IS 1,1 the summer of 1874? A. Yes,
18ra-41?mA;nY^fS."'i"te,'0f instwlrt(,f
Q. And then did that end in a successful sale nr
l,,! or the other Miing f ic i voi
have iqioken of-I will say in a sale of timm wlti,
°,,r lf « success fit I sale i
5:K™;rr:i“z:rr" . .
•VO" sl,,‘i,k (>f with Mr.
uoiild «.,s an arrangement between yonreelf and
others representing tlie automatic interest, so to call
S f <*>»“ -I’-onting the Atlantic mu
iaci/ic interest, was it, not? A. Partiallv
Q. Did you represent anything except' the auto-b
nintic interest- 1 used that as a general term tot-
dicute the interests of yourself and associates > ■
A. We represented tlie relationship that fhave
8lK|keno1’— H>« negotiation that had lieen
tamed on with other parties.
Q. It would not be improper to call them for tlie
A. If you include it ns sin enuimj .
Q. And Mr. Gould represented the Atlantic and
Pacific interest in tlie sumo way ? A. Yes, sir.
Q The negotiations were pn.ctic.dly between yon
and the Atlantic and Pacific Telegraph Company
through Mr. Gould?
1 060 A. Am I bound to go into these relations f
The Court.— Yes, sir.
The Witness— He was the controlling spirit of
the Atlantic and Pacific Telegraph Company.
Q. He was a director 1
A. T think not at that time.
Q. What do you mean then by saying lie was tlie
controlling spirit?
A. Just what those words convey.
1651 The Court.— Yon understood him to lie acting
in that way at that time? A. Yes sir.
Q. As their agent f ,
A. I don’t know in what capacity lie placed him¬
self. I treated with him as it lie was acting practi¬
cally for the Atlantic and Pacific Company.
Q. He represented tlie company?
A. He assumed to represent them.
A. I knew he was a stock-owner.
Q How, the arrangement which you made or
1552 negotiated with Mr. Gould did proceed until it fin¬
ally culminated in arrangements with the A. & P.,}
did it not? . , ...
A. They culminated, for practical purposes, with
Mr. Gould. .
Q Ail that Mr. Gould got from you by any way
of conveyance lie finally conveyed to the the A. &
P. company ? A. I believe so.
Q, That is what they tire now suing upon-you
understand the nature and diameter of this action I
Gould acting for rtn> a w n r\ ^ (
«uede;!pn„M;<!A
P^oucoma-ct.dwitliti'.A.Al . .
X. Kdlsmu l,,hU,in »" JJ~nnd
. A- Ccneinlly, I should say yes.
tieninH?"?. •VO". k!10"' !ls 11 11,11 tf«'' of fact that par-
vn X '"ntter "1,s bet, men
you and Mr, Gould i
A I never treated Mr. Prescott in that connection
as of importance ; and therefore I always spoke or
i t in connection with tlie Western Union Telegraph
Company ; in that connection there was converse
tion. ‘ ]
_ Q. Now to your knowledge did not Mr. Gould
knou or the details or the arrangement between
Edison and the Western Union Company, or Edi¬
son and Prescott, as lias been stated by Mr. Edi¬
son? A. Prom me?
Q. Did lie know from an v source ?
A. I don’t, know.
Q. You don’t know whether he did know ?
A. I don’t know whether he knew it from anv
other source.
Q. Did you inform him ?
A. 1 informed generally ; yes, sir. j,:
. Q. You informed him that Edison hail been en¬
gaged in Px-pcriuiunting upon and attempting to
perfect . sevem 1 inventions in duplex and quadru¬
ple* telegraphy ? A. Decidedly not.
Q. You didn’t tell him that ? A. No, sir.
Q- What did you talk about when you say that
lie knew something <
A. Having discussed the matterof the automatic
generally, I told him that of course Mr. Hairing-
sssaair
plex, was baseless.
The ftmrt!.-Did you tell liim what that claim
was 1 A. We discussed the matter generally .
The Court. — Hid lie not inquire wlmt the chum
was 1 A. He probably did ; yes, sir.
i rs* ^
and I explained that the Western Union dammcl^o
have relationship or contract with Mi.Ld son i J
which they should secure the quadruplexm on ton,
O Did you know of the payment on the 10th of
uSember! or thereabouts, of §5,000 to Mr. Edison .
1 Q. mem did you first learn of that?
A. The latter part of December, probably aftu
Christmas, some time, I think. P i i,
Q. How, arter that time did you meetMi. Gould?.
\ It w-is after that time that I met, Mr. Gould.
Q; Therefore, at the time you had the conven¬
tion you have just repeated yon also knew of the
payment of §5,000 to Mr. Edison, by the Western
Union Company ?
A. No sir ; not at the Inst meeting.
0 AVell, n’t any subsequent meeting, when you,
were discussing tile claims of the Western U. non
,B8 Company and its relations to Mr. Edison, had you
that knowledge ?
A. Iliad heard the statement. ,
Q Did you communicate that statement to Mi.
Gould, or did he, to your knowledge know of it . _
A. I think Mr. Gould told me that lie had heard
lt-Q Had beard that the Western Union Telegraph
Company had paid §5,0110 to Mr. Edison i
VI. Now, can you lie particular as to the time
when this conversation took placet
A. With Mr. Gould ?
Q. Yes, sir?
A. My first interview I think, was on the 27th of
December ; my next interview, I think, was on the
HOth.
Q. And it was at one of those dates that 1m seem¬
ed to know, or you told him, of this payment of
§5.000 ?
A. I think it was at. the second interview that 1m
seemed to know ; I did not tell him,
Q. Do you know when the agreement purporting
to be signed .Ian. 1st, by George Harrington, was in
fact signed ? A. No, sir,
Q. Do you know when, in fact, it was signed ?
A. No, sir.
Q. Do you not know it was signed as early as the
lirst of .binuary ? A. No, sir.
Q. Who procured it to be signed, or took the
paper to Mr. Harrington i A. I don’t know.
Q. You didn’t do it ? A. No, sir.
Q. Wlio negotiated between Mr. Harrington and
Hr. Gould ?
A. 1 negotiated between the Automatic interests
ind Mr. Gould.
Q. What paper was finally executed as between
the automatic interest and Mr. Gould, to consum¬
mate those negotiations !
A. The paper signed by Mr. Gould, by .John
McManus, and myself.
Q. .Wlmt. was the date of that? .
A. Dececember 80tll, 1874.
Q1. Have you that paper ?
A. 1 think T have it in my safe.
Q. Tlie paper then signed by Harrington, which
has been in evidence, you don’t understand as
being in consummation of the negotiations between
yourself and Mr. Gould ? A. Yes, sir.
Q. You do? A. Yes, sir.
470 •
471
Q. Bid you complete nil those negotiations en¬
tirely on the 80th of December?
A. No, sir ; we arranged the programme.
Q. Now, when did you complete the arrangement
of the programme, if ever?
A. Well, there were portions of it from time to
If 62. time. ’
Q. Running through what period of time ?
A. I think the final deeds prepared by Mr. Har¬
rington, intended to complete the arrangement, were
dated on the Otli of April.
Q. iS7i>? A. I think so.
Q. Those deeds were to convey those interests
which yon negotiated with Mr. Gould to pnrclinse ;
' „ Mr. ’Wheeler. — You say the last was the 80th of
16GS April?
A. No, sir ; I think it was the Otli ; it was in
April.
Q. Did these negotiations involve a proposition
by Mr. Gould, for the A. & P. and by yourself
for the automatic, to sell all the plant and patents
and other tilings belonging to the automatic inter-
A. Mr. Gould assumed to represent the A. & P.
and I assumed to represent the automatic ; and
the intention was to include everything which Mr.
Harrington and his associates either owned or con-
1564 trolled. '
Q. Now, did you not make special deeds, con¬
veying the automatic interests or automatic patents
A. There was such special deed made.
Q. Was there not a special deed made, signed
by Harrington, excluding the automatic interest
and patents? ' ■*
A. Only in connection with the other deed.
Q. Not in connection— was there' not such a
deed ? A. Yes, sir.
Q. Expressly excluding ?
A. No, sir ; not expressly excluding, .but not in¬
cluding.
Q. Was there not an agreement signed by Mr.
Harrington, conveying certain things to Mr. Gould, 1366
or to the A. & P„ which expressly stated that this
agreement was not to cover the Little patents or
other patents relating to automatic telegraphy ?
A. I think it expresses a different idea.
Q. L will read from tile paper of January 1st,
1870, which is plaintiffs Exhibit C, to lie found on
pngo07of the Omnibus Hill: “Provided, never¬
theless, that it is distinctly understood, agreed,
and stipulated Mint this disposition, sale and.
assignment, of the duplex and qitadrnpiex tele¬
graph ; and this deed and- conveyance or trans¬
fer does not or shall not be construed tO]-(p.
include any inventions heretofore made nor
any patents heretofore used, issued or al¬
lowed, nor any future improvements thereof,, or
’thereto of duplex telegraphy in connection
with chemical telegraphy ; but that suck assign¬
ment is the property of said Kdison, under the sole
control of Mr. Harrington, the same asifthis sale,
assignment and deed or transfer had not been exe¬
cuted !” A. Yes, sir.
Q. Wlmt did the A. & IV Company pay you
for the automatic interests when they finally came
to take them, they having been oxoluded from, this
deed? 1^67
Mr. Lowrey.— It is material to show whether the
A. & P. is a holder of these patents for value, at
all, and if so to what extent.
- Mr. Wheeler. — All this is new matter and not re-
' sponsive to anything brought out on the direct ox-
HU Court— I will exclude it for tlio present in
view of the suggestion of counsel, that it. is not
strictly appropriate ,.s pert of the
ot this witness, hut conies in on the othei silo i\s
rebuttal; when the plaintiff shows what oonsidein-
tion they have paid you may rebut it by Rowing
i a r that that consideration was not. adopted with refei-
l8 '8encetotl imti il i inv ntion but with reference
to automatic.
Q The nogotifcition which you say was pending
when yon liad the interview with Mr. Orton, you
lrivo said was with reference to automatic partially;
but it was with reference to everything else ; may
I- ask you whether, with the persons with whom
you then negotiated you ever made any inventory
or statement of all the things which yon then in- ■
tended to convey to them ? i
A. Those interviews were almost entirely com¬
mitted to Mr. Harrington ; I don’t, know liow- lie
15G9 discussed the matter with them; probably no for¬
mal inventory was ever made.
Q. When Mr. Orton came to see you, did you
understand that he came to ask questions m re¬
spect to the manner in which the patents and other
tilings affecting automatic telegraphy particularly :
were held?
A. I had no impression until after the interview.
Q. Did he ask you how those things were held ?
V He asked me in- the general maimer that I
have heretofore stated; he wanted to know liow
the interests which Harrington was connected with
were held, and what the relations of the various
parties were. . .
q. And you gave him that information i
A. I tried to.
Q. And that information, I take it, was that- Mr.
Harrington, yourself and others were associates in
•i company known as the Automatic Telegraph
Company ? • . .
A. No, sir; I made a-very broad distinction.
Q. That was a fact, was it no
associated?
A. In one sense, yes, sir.
Q. Did you tell him that?
A. I told him what the Automatic Telegraph
Company was ; and I told him .Harrington and
associates were. A 1£
Q. \ oil told him that the Automatic Telegraph
Company was a company organized under the laws
of this slate, did you not '
A. Probably ; I don’t know.
Q. Was Mr. Harrington in town the 27th or the ,
30th of December, 1874, and did he assist in the ne¬
gotiations with Mr. Gould ?
A. At these two interviews I have specified, no, ?672
Q. Do you know where ho was at that time ? .
A. He was sick in Baltimore.
Q. Do you happen to remember tils day of the
week upon which the 30th of December came on
that year? A. No, sir.
Q. Did you negotiate with Mr. Gould, or confer
with him, upon the particulars of the conveyance
to be made, on either of those dates i
A. We arranged the programme as specified in
paper, which is already in evidence.
Q. Tliere.is no paper in evidence in regard to it ?
A. I beg your pardon, it. is stated in-tlie omnibus
suit.
Q. It is not stated, it was spoken of ?•
A. Wo arranged the programme that, day, and
' the details were not to be carried out until we
could confer further with Mr. Harrington.
Q. That was December 30th ? A. Yes.
474-
ness, wliicli was a part of tlie negotia¬
tions anil to which he has once or twice
referred, which is signed by Mr. Gould,
whom he says represented the A. & P.
Telegraph Co. in this negotiation and
himself.
1574 Mr. Wheeler objects to the reading of
the paper; objection sustained paper '
excluded.
Q You say you were to see Mr. Harrington in
respect to the details of the conveyance to be made,
ns I understood you ?
A. I suggested a preference to do' that.
Q. Was it not a part of the arrangement 1
A. It was no part of the arrangement ; it- was a
suggestion I made for my own pleasure.
Q. Did you communicate immediately after that
1675 day, with Mr. Harrington, fnlly the result of all
your negotiations ? A. No, sir.
Q. When- did you communicate toliim the result
of those negotiations ?
A. I may possibly have sent him a memorandum
containing a portion of the result that evening, I
am not sure whether I did that or whether I ex¬
pected to meet him in Philadelphia the next morn-
r to Philadelphia to meet l.im
er to Philadelphia for that par¬
ing, and I went ov
lor that purpose.
Q. Did you go o
Q. Did you go to Philadelphia to meet him ?
A. Yes.
Q. Soon after this ? A. About that time.
Q. You then communicated to him the whole of
the resit, t of your negotiations ? ■
A. No, sir; because I think I had previously
communicated to him.
Q. Was it the next day ?
Q Ym.1rm!!!n,„Vr° xrUi,"?1'0? A' Not then.
rin-tml”0 T '?f WlT' ffla.jro" h!£
7? !1 • , A- A ‘l«ys after that.
<H<?hf e ™nrington, 1677
"fyoiii neg lull is?
.
Q. Didn’t you at that time learn to your satisfae
■ Z Unrrington had m,t exeZd
A Pre T"'""a.t)n" a!yoW "ogotiations ?
A. lrohably the subject was not discussed at all.
rH,p’’?/nt ll"k! IO"‘VH" ,,sk Mm, and he
didn t tell you whether he had executed \ _ e
ment in consummation of your negotiations ?
v | 1 | 0,1 1 reln,!ln,H,r that such a conversation 10,8
Q. AVlien this agreement was delivered, in Jan-
uaiy.to Mr. Gould or the A. & P. Co., who deliver-
A. I don’t know.
Q. It was not delivered by you? A, No, sir
Q. Was there any one else here in’ New York
representing Mr. Harrington, to whom it would
probably have been sent to be delivered »
A. I think not.
Q. I ask you to state whether you have not good
reason to know that the paper was not executed If to
tlie <Iay \t boars date.
(Objected as immaterial ; excluded.)
Q. Mr. Harrington at that. time, .lanuary 1st,
was sick in Baltimore, was he not?
A. I don’t know ? I stated that lie was at about
that time, but I cannot tell wlmt day he left there ;
I slated he was there on the 80th of December.
Q. Mr. Harrington wrote a letter saying that it
would hurt you §100,000 if Mr. Edison should carry
out the arrangement with the A & P ; did you
know about that time, that Mr. Harrington was ex¬
pressing that opinion or any similar opinion ?
A. Mr. Harrington told me the next day that he
1 580 hud communicated with Mr. Edison ; I don’t think
I saw at that time a copy ot the communication.
Q. Was not the thing which alarmed you and
Mr. Harrington, and caused him to write the
letter of July 0th, the danger that Mr. Edison was
about to sell his automatic patents and interests
to the Western Union Telegraph Co 1 A. Ho, sir.
Q. That was not it ? A. No, sir.
Q. You never heard of it before ? No. sir.
Q. You never talked about his selling outliis in¬
terest ? A. No, sir.
Q. And never heard of his pawning it or pledg-
l581ingiti A. No.
Q. You never heard of that at all ? A. No, sir.
Q. Do you know Mr. Ashley, the editor of the
Telegrapher ? A. Slightly.
Q. I wish to ask you if you met Mr. Ashley at
any time during the Summer of 1874 or thereabouts,
and had a conversation with him in respect to wlmt
Edison was doing in the duplex and quadruplex or
other invention for the Western Union Co. A. I
don’t remember such an interview.
Q. Did you not, at such interview, say to Mr.
Ashley in substance, “It is all right. Let the West-
- ern Union go on, and pay for the experiments: when
(A 1 SS2 they get #one, the things will all belong to the Au¬
tomatic Compnny ?” A. I remember no such con¬
versation.
Q. Are yon willing to say that you had no such
conversation, and made no such remark ?
A. I have no recollection .of any such interview.
' Q. In the city of New York, >and sometime dur¬
ing Hie summer of 1874. I am not able mom nearly
to specify the date ? : ,
J ■ I don’t remember any such conversation.
Mt ' uil3’0" w,ll*"g to «y that you did not say to
; 1,1 substance, wlmt I have repented ?
had'wDh Mr a ,)Tll0Ctn!lySU01' 'ntoiwiew that I
, ; t If,, ;, Ash,?y> 011 fc,mfc s,|bject, I should cer-
rlmnh Ihe substance of tlie interview; but I
Q Am "“8,,C il,.ntervi*iW with Mr. Ashley. 1583
. .
A. lam not willing to say that.
W. now, the moneys which you paid out to Mr
Edison and for Mr. Edison’s experiments, were for
^r,A:iN?j;rA,,to,,mti<?c°mi,a,,y- S
Q. For whose account?
A. Mr. Harrington and his associates.
A. \es, they were the principal ones
Q. Were pet those associales associated under3884
Herman of the Automatic Telegraph Co. ?
Q. They were not ?
n‘ ?«°1t H1 connection with Mr. Edison,
y. Did the same associates pay the expenses of
he shops at Newark which Mr. Edison start,*! ?
A. A largo portion of them ; yes sir
u?t slmpT di<1 y°n bt,gi" lmy r’to‘ senses of
A. J continued the expenditures after Mr Her
ngton commenced ; my own individual expendi-
ires commenced, I think, sometime in February, 1585
Q. Thlifwiis after you had becoine-interested in
hatever there was in the Automatic Teleginph ?
A; After I had become interested in the Auto
utic telegraph, and knew of Mr. Harrington’s
ntrnut with Mr. Edison.'. °
Q, Now, the patents which were afterwards re¬
ived or issued under tin's agreement of 1870
re issued to Mr. Harrington and to Mr. Edison’
re they not? A. Generally. ’
Q. Were any of then. issued to nn.nng.on and
nwiiiTitesI A. No, sir.
(j Did they liimlly eouio to Harrington mu as¬
sociates 1 A. Yes, sir.
0 The absolute title to them .
v Vo sir- notthe absolute title or legal title.
, iitle, as I understand the term, ie.nah.ed
^ ' 1 n-ington amlKdison The patents worn is¬
sued to Harrington and Edison, and so tl.ej re-
"T The business of this shop was envried on. as I
understand von. by* Harrington and associates ;
wluit' beea'me of the proceeds of the work ... that.
Bl7 Thov were mainly used in expert .i.e.iln. ion in
■inert in'll with I ho A ntoinatie. 'telegraph line, or
S lines that the company was experimenting
S7 T Tlo'sc experiments were conducted in .eg..nl
the Automatic orChemical Telegraph, were ihej
"‘q Did thov'iiot entirely occupy fora long .hue
ESairi .
von told us In December, 18701
’ a. The Automatic Telegraph Co. was foil.... tin
December. 1870. . ....... ii mil ?
Q 1. was formed by these associates, was .1
! 5S8 \ 1 1 was formed by a portion of them.
of each were interested in each enterprise : there
were two distinct, interests.
Q. Was Edison one or those associates t
Q.' S 'w long did he remain at the shop tl.e.-e 1 1
A. I think till October or September, 1871.
Q. Then lie left, did he !
A. Ho spent, his time mainly then at his other
shop ; previously he had spent most; of his time at
this shop, although lie was running between the
two.
Q. Hid ho ever, after that time, do any business
or work than in tills first shop!
A. I cannot speak confidently as to that.
Q. Didn’t that shop change its name, and was it
not called a rter Hint the automatic telegraph works 1
A. No, sir.
Q. By what name did the business done there
continue to be known from that time on?
A. It was known sometimes as the American
Telegraph Works, sometimes Edison’s shop, some¬
times it u-ns Hnrringtou’s shop, sometimes it was
the Newark shop.
Q. From the lime that Edison left, in what way
were tlie accounts kept ; how did you draw checks ?
A. Sometimes they have been drawn to the order
of Mr. Edison, and sometimes the payments were
made in currency, and sometimes they were drawn
lo the order, 1 think, of J. T. Murray, who was an
employee there.
Q. I don’t mean to whose order they were ’drawn
I suppose of course they were drawn to the order
of the persons to whom they belonged, but I wish
to know who signed I lie 'checks— in whose name
A. Mainly my iiamenl first. We kept an account
in the name of J. C. l?ei IT, treasurer, and snbse
q, lenity, after 1 furnished most of the money my¬
self, I gave my personal cheek.
Q. You ceased to he treasurer and became score
luryf
A. T ceased lo bo-treasurer and became capitalist,
Q. W lieu you signed as treasurer wlmt was tin
significance of that term, was it not treasurer foi
yourself and for Harrington, and Ihdso other asso
dates ■( A. Yes, sir ; essentially so.
Q. When and by wlmt arrangement did tliosi
other associates become partners ill that Shop ?
A. s„„» ... ,i„,»
<• r!
,’loyr" s Mr.Hurrington’s twtli.nl ■ into-
8 '“LTconcenic'l in the proportion of moneys (.on-
18W »«1 «""!> «f ’ “ "f„, „1 Ihoao good.,.
It i*.V •»« departure or Mr. E« "u "
if! whs no change uver made in the
A- N‘1’ „r!h.. contract between Itarringion
papers com et mnfe . emunt was allowed to
ami Edison ; ' ' to ^u. '^,.,.^101,, and contri-
lnn on in ■ . (0 „nd tlironglt me.
bTwwth™u«to belonging to that hrm depos-
ited in the natne of Harrington and Edison ?
iB0»,toV,V , P ' r ,
O SVeVe ihev deposited in the name of the
<b\ A c^' ;^v’ * i„A of the
I Automatic Telegmph Company?
^^'Csitedinthc,, . .
1{'f Vrineipallv, yes; I ask permission to
tme explanation ; after .he money ™
l (riven to the parties who paid H "i t •»
v"l„ ,.k -fel don’t know whether they kept a bank
lo't 4 uronnt there or whether they simply drew the
' "«»«•■¥ t V!e “ll^'rorlin? £ml definition of the
status ofTliese parties in that, organization, but I
during the fall of 1871, *
not been received in that linn those gcnlhim
"ho, a von have named, and whether there had tm
departed from that business Mr. Mtson. at •
,,y his going away and not coming hack 1
A The manner in which you put that question
it is not clear to my mind.
Q. You are not able to answer it? A. No, sir.
Q. -Then I will try again ; in the fall of 1871 who
were interested in the shop there and the business
carried on there? ’ . _
A. Various gentlemen; those I have named. lo9G
Q. There were three, four, or five persons be¬
sides .Mr. Harrington and Mr. Edison?
A. At that time, yes.
Q. Ail equally interested in the business; f
don’t mean having equal sliaris, but equally in-
. terested in the business ?
A. All interested ; yes, sir.
Q. Now, at that time Mr. Edison had gone away,
at least lie had ceased his daily attendance as a
participating partner in the business of the con-
A. He had ceased his daily attendance at that j-gg
place.
Q. AVas the business of this linn carried on at any
-other place? A. Yes.
Q. It was? A. Yes.
Q. Where? A. In Edison’s other shop.
Q. That is to say, what you mean, I suppose, is
that wherever Mr.' Edison went the linn wont?
A. AVe considered that, lie was a member or the
linn.
Q. You considered that to be so? A. Yes.
Q. The question 1 ask you is, did you understand
that where Mr. Edison went the firm went ?
A. AVe never considered that Mr. Edison was If 97
away.
Q. lie was away. from the shop ; he was not
there, was he ?
A. In one sense lie was away.
Q. Tn the sense of not being there ?
’ A. Personally and corporally, yes.
Q. Did you ever object to Mr. Edison being cor¬
poreally absent, al though spiritually present, ?
hi
Q. Anil it was Ins corporeal labor which y,
iiicfly regarded as valuable? A. No, sir.
Q, AA’liieh other labors ? A. His menial labor.'
Q. You il id n’t regard him as having a relation
A. Yes; an essential relation.
Q. isn’t this clear to you that Mr. Edison we
way anil lie no longer took a part in the busiae
f the linn at that shop ?
A. I don't know, sir, about that.
Q. Dili he ever come back anil work there, at
lore?
A. T have already said I. cannot, answer that <1
nitely whether he came back to that partienli
nip.
Q. Work went on, didn’t it? A. For a time.
Q. AYasn’t he the principal man while he wi
A. In the sense of creating inventions, yes.
Q- Wasn’t he the principal man and really tl
rincipal partner, ]iraetically ?
A. In one sense, yes; there wasa superinleinlei
r the shops.
i). Don’t you understand that Mr. Edison ••Inin
lat the business had in 1871, or thereabouts. Iiopi
ssly failed of its purpose, and that he went away
A. No, sir: .Mr. Kdison has never said anythin
’ that kind in my hearing.
Q. You never lieanl him make a remark .ail
antially like that !
A. I can t answer that question in that form.
'i- IJ I M t I that Mr. Edison admit
iat you are entitled lo the result of his time an
bur during the period he was employed— the liv
sirs covered by that period of lime?
A. I understand that we claim il.
•1. Did you ever consult these other genlleme
A. They allowed me to run the business gener¬
ally ns I chose.
Q. AAHten you ran it, you ran it for your and for i 1 :
their interests, didn’t you? A. Yes.
Q. Did they never take nny part, either by con-
saltation or otherwise, in the business of this shop? 1 f
A. Except Mr. Harrington, I think not. ,1001
Q. Hut when you represented any business or ■
proposition in the council of. the nifuirsof that con¬
cern, you regarded yourself as representing those
absent persons as well as yourself ? A Yes.
.Q. How many patents did Mr. Edison take out „
during that period, to your knowledge, which you
in any way claim come under the agreement of
1870?
A. All except those issued to the Gold and
Stock Telegraph Co.
Q. How many ; are you able to give any estimate ? ;
A. He was very prolilic. ; I cannot remember. ic/io
Q. Are you quite sure that all the patents Mr. -
Edison took out in that, time, except those that you t
think were, issued to the Gold and Stock Telegraph
Co. come to Harrington and Edison ?
A. I said I thought they did ; I said that gener¬
ally they were issued to Harrington and Edison ;
there may have been one or two issued in Mr. Edi-
Q. AAras there ever one issued to Harrington and
Edison which did not have special relation to chem¬
ical telegraphy ? A. Oh, yes, sir ; several.
Q. Can you name them ?
A. 1 will furnish them hero to-morrow morning. iGOd j
Q. You are not able to state them at this mo¬
ment?
A. No, sir; lam not a scientist.
Q. AA'hen you met Mr. Orton, at the office of Mr.
Harney, you understood it was by arrangement
with Mr. Barney ns a mutual friend, did yon not?
A. Yes.
Q. Mr. Hiram Barney is a lawyer of this city?
A. Yes.
q Didn’t, you nlso understand that tins object
O.DtWj 0rux^l3 Mr * Orton’s ‘inquiries at that time, was to olitii
information necessary to enable him to know wi
U.odb/d' Hi whom lie should deal-wlm were the proper pi
IdiuluJ f1"*" sons to ileal with in any business which he mi”
'%J,&ov-Ca.r(Lf- wish to do with them 1
• . * v LGQ4 a I understood so.
'M Q. Ami tor that purpose he asked you, did
We/ L<Aj U'WU Il0t> tjm names of the ihmsoiis, tintl the clmmrl
ItlkuAJ J talh%,o>I their interests !
„ ■* J ' No, t don’t think he asked me their names
lie asked yon. who Mr. llnrring.on was ,,
nutre, -2 7^K«>^-,niited with, or who Mr. Harrington represented
Vfi/tu/'W'*?. A. Probably lie did. 1 stated Mint Mr. Orl
njj *£Uirui.(./j wanted general iiiformation about (lie whole alia
' liK^CifclLv Q ■ "'lint whole affair!
A. As to who owned or eonfolled all the pale,
j and inventions in connection with Mr. Harringt.
fffji t,mt h,! «itlier °"'ll,!a or represented.
•w^W-^nted with, or who Mr. llarringtoii represented
A. Pmbably lie did. 1 stated that Mr. Orl
xJji wanted general information about the whole affn
[X'Hv Q- What whole affair 1
a-(Jj A. As to who owned or controlled nil the pntei
and inventions in connection with Mr. Ilnrringti
t*i,r that, lie either owned or represented.
[ •'(P Q. Ts that about the form in which lie put i
question 1 A. 1 couldn’t say.
T q. That, was about the .substance or the pnrp
of his inquiry?
A. 1 remember lie simply wanted to know li
this thing stood.
Q. In your answer to t hat wlmt did you tell hi
A. 1 probably stated to him -
q. | don’t want your conjecture ; I want to kn
what you said to him. A. I stated to him the ri
lions between the Automatic Telegraph Co., and
National Telegraph Co., ami Mr. Craig, and
lUOtt Little patents, on thu one hand, and the relnti
of Sir. llarringtoii to the Automatic Telegraph (
and then on the other hand the relation of
llarringtoii to Mr. Edison.
Q. What did you say to him was the relatioi
Mr. llarringtoii to Mr. lidison, and I ask you 1
for your distinct mul positive recoiled ion, niul
conjecture or reasoning whatever 1
A. 1 stated to him Mint Mr. Harrington contro
all Mr. Kdison’s inventions.
Q. Was that all 1 Tlint was essentially the whole
Q. That ho controlled all of Mr. Edison’s inven-
ons?
Q. Did you go into any particulars or details
pon the subject !
A. I think not, except to discuss the superiority,
rohahly, of Mr. Edison’s invonlions over Little’s.
Q. l)id’nt you think that at that time that Mr.
irton might be negotiating Tor the purpose of se¬
aring the Automatic Telegraphic System for use
l the Western Union Ollice ?
•V I nm not shrewd enough to discover what Mr.
irton thought. He is too big a man for me todi-
"q. Did you at that lime say to Mr. Orton these
ords or anything in substance to the same effect :
1 Bcwaii', or take notice, don tdeal with Mr. fiat- j, 0g
on Tor ns to the tilings yon are dealing with him
ii regard lo we arc going to make a claim tlmt they
A. I think not. '
Q. Did nothing of that sort, or anything like it,
ake place?
A. That I recollect didn’ t take place.
Q. Or nothing in substance like Hint?
A. Oil, yes.
Q. Did you give Mr. Orton warning !
A. Yes, sir.
Q. In wlmt words?
A. I told him that Mr. Harrington Held the title lGO.
:o all of Mr. Edison’s inventions.
Q. Yon said before controlled them ?
A. No, sir: I beg your pardon ; I made a dis¬
tinction between wlmt lie owned or controlled in
the answer which I made when I used the word
“controlled.”
Q. You said before ho controlled them. It was
said on that occasion that lie hold the title?
the title to inventions, lie had the control; lie
held the tittle,
Q. Wiml did you stole to Mr. Orton nt that time?
A. Tim! Mr. Harrington held the title to Mr.
Edison’s inventions.
Q. Did anything occur nt. tlmt interview to lend
1 CIO yon to suppose tlmt Mr. Orton might he endeavor¬
ing to secure Mr. Edison’s patents and inventions
U for nutonmtie trlcgmphy ?
a. 1 recoiled tlmt Mr. Orton made the very dis-
J*"*n'tinct inipression upon my mind, that the main
could get control, or how he could get control of
the bruins of Mr. Edison.
Q. •And that was all ?
A. That was my distinct, impression.
Q. Then nothing more than wlmt you have stated
occurred, which induced von to believe that Mr.
I Orton took the warning which you have staled you
gave him as relating to other things than the inven¬
tions of Mr. Edison in use liy the Automatic Tele¬
graph Co. i -
A. 1 meant to be understood ns saying that Mr.
Orton gave me a distinct impression.
Q. 1 object to tlmt; tell what Mr. Orton said.
A. I do not say Ilia* 1 can give you his wools.
tin? subjed -mat ter or the interview which you have
just teslilicd to t
A. Onlv in substance ; t have suid that repeat¬
edly.
Hi 1 2 Q. That Mr. Harrington claimed to control, or as
you said in another answer, to hold the title to Mr.
Edison’s inventions ? A. Yes.
Q. Was anything said limiting or distinguishing
those inventions? A. No, sir.
Q. Didn’t the conversation relate wholly to auto¬
matic telegraphy t A. No, sir.
f lly thu Court.]— T understand you, that you un¬
derstood Mr. Orton stated that he wanted to secure
the brains of Mr. Edison ?
A. I didn’t, say that lie said that. I say that
was the distinct impression he left upon my mind.
I don’t mean to say that Mr. Orton said that in so
many words, except in (ids way, tlmt lie said that
Mr. Edison was a very ingenious man, and prob¬
ably added other adjectives, but that lie was very
erratic oi words to that effect, and that ho desired zeyj
to secure, o. would like to have Mr. Edison’s entire
interests with the Western Union, and that he de- Wo-rf
sired to secure his services and place him under the
charge of Mr. Prescott who would take care of
him. .
Q [By the Court.]- And lie wished to know I? ^ A
wliat prior claims there were to those inventions or K*.d cl*
services! ^ fo* of&tA* dLa.*** —
A. Ho didn’ t put mo that question, as I remem-
Adjouraed until Monday morning at 11 a.m.
W. n liar, you know about them is from the charge
in Afi\ Goukl’s accounts of the purchase hv his bro¬
ker? A. Yos, sir.
Q. What, wns the amount of Mini ohaige?
A. §10,500.
1 Q. 'I’lieso three items you Imve given me. make
more Hum §30,000. Tell me on what two items M.e
check of *10,(170 was made >
"IIS °n am,,lnt of quadruplex, and
*'’r, ' 011 •■mcounl of something else.
Q. To wliat accounts were the other two uav-
meiits of §10,000 and §10,000 made i
A. They were charged to quadruplex expense.
Q. Is this the receipt which Mr. Edison «ave •
the time this check for §10,070 was given 1011°? ’
Q- ^ is in Mr. Edison’s hand writing ?
Keceipt reads as follows: “No. 078 Fifth
avenue January 7th, 1S75. Deceived or Jay
Gould §8,000 on account of quadruplex patent.
THOMAS A. EDISON."
Q. Look at. the check which 1 now show you da-
when ne,‘!th.0flJ“,,,larf’ 1875’ and state
given: Uk "'''S ,lr""'n’ ,,ml fo it was
(Check mark Exhibit T»)
^0- 78. New York, Jnn’y 14th, 1875.
The Tenth National Bank or the City of New
i-M-y t0 thu oldcl' of Geo. Harrington, Esq.,
hive thousand Dollars.
*B>00a JAY GOULD.
A. Tt. was drawn by Mr. Gould, on January I4tli,
75, and given to Mr. Harrington, the same day,
my presence.
Q. Was that check paid at. the bank !
A Yes, sir.
Q. Is that Mr. George Harrington’s endorsement
i (lie back i A. Yes, sir.
Q. Do you know on wliat account that payment
is made !
A. It was made on account or this quadruplox.
Q. Do you know of any other payments being
ado by Air. Gould to AH. Harrington, at about
e same time of this payment of §5,000, and if so,
what form were they made (
A. There wns another payment made.
Q. Wliat form was it in ?
A. It, was made in bonds.
Q. To wliat amount ? §113,000.
Q. Do you know how soon after the 14th of Jan-
iry that was made !
A. It. was made I think, in February j early ill
libruary.
Q. Do you remember 11113' paper being delivered
the time of this payment of §5,000, by AH. Hnr-
ngtou (
A. 1 do not recollect about Mint.
roms-exuminrtl by Mr. Lowrey :
(tli, was on account of quadruplex. How do 3-01
A. Because they were tnlkingnhoiit this quadrii
lex. and Air. Gould told me to charge it to quad
iplex.
Q. In wliat. way to quadruplex ?
A. I did not understand the details.
Q. Vour assumption that the. payments were 01
[•count .of quadruplex wns derived from the fae
nit you heard a conversation about quadruplex
'hicli you cannot remember ; and the other fac
plnxt A. m
Q. And the second piiyiiiunc nf $1 l».OU» — didyc
slide mi wind account Unit wiis iiuidci
Q. Ho yon know on wind nccminl it was inadr
llnrriuglnn and Mr. Cionld hi in iln> pa\
inoiit- In Mr. iriirringlon and others of HI. (100 slain
nr A I lain ii; and Pacific stork i
A. I know Him) was such an agreement, lint I di
not sen it.
Q. Was not this payment in hands, a paymei
in settlement (»r that contract to pay Hl.tHKI shall
nt telegraphic stock ;
A. I think it was.
Q. Do yon know wlmt that til, (inti shares of tele
graph stock were to have been for?
8 A. No, sir:
A. Northern (Jen t nil Pacific convertible bonds,
tj. Were they not Mr. (build's own bonds (
A. They were his own.
^ Q- You said they wore purchased through tin
A. Those were others.
G2!) Q- The bonds paid to Mr. Kdison, wlmt wer
those '(
A. Union Paeilh: .Sinking Knud linnds.
Q. On the Mill of .laiinary, when Mr. Ilarringtoi
received tin; go,()(H> check, was he at Mr. Gould’
house, or place ot business >
A. It was at Mr. Gould’s house.
Q. Did you, from the conversation you heard
judge that this was the Hist interview of these gen
tlemen upon the subject of this business’
Q. When they began to speak about qmidruplex
and the payment or money, was there any refer¬
ence to tiny former negotiation or agreement '!
A. None Hint T remomher.
Q. So far then as you could judge this miglit
have been the lirsf interviewiiiwlrie.il the subject
was taken tip, and Hnnlly eoucliided by the pav-
lucnt id Sa.iull) ;
A. 1 could judge nothing of the kind.' '
Q. You say you saw no agreement pnssed on
that day t
A. I cannot recollect about it.
Q. Wlmt about, is the situation that you occupy
in tlic room wlieni Mr. Gould does ins luisines :
Wlmt- were your opportunities ot seeing all that
took place 1
A. They were talking near me.
Q. Were you seated at u desk ! A. Yes, sir.
Q. Ktigaged in any business?
A. Writing up my books and attending to my
business.
Q. Wind would you say if asked to state posi¬
tively wlietiier or not an agreement did pass—
wliel her some papers were signed and delivered.
Were your opportunities such that you must lmvc
seen if it had taken placet
A. Not exactly. Sometimes 1 went out ot the
room, mid there .might have some papers passed
while 1 was away.
Q. There miglit have been agreements passed
between them that day in respect to the payment
or *r>, <)<)(>, or which you wore not cognizant ?
A. Yus, sir.
Q. Where is Mr. Gould '! A. In the city.
Q. He resides here and is here nil the time t
A. Yes, sir.
HK.YitY van- iiokvuxiiriioii, called by'thoplni
tilf, sworn :
Examined by Mr. Wheeler :
Q. WImt is your business 2 A. Electrician.
Q. How long Ini vo von boon such '!
A. About six yours.
Q. Whom f A. In the city of Now York.
Q. WImt wns your Inisinoss before yon wore n
;leeiriCi<tn ; A. Telegraph operator.
Q. Whom t
A. At lloosstasio Kails, Now York: nl hn
dnssachusells, a ml in Now York City.
Q. During the last six yours, slate if yon hav
;ivon lime and study to experiments in telegraph;
W. Male wlial acq a I a nee you have with Mu
Ian id transmitting two messages in one direct ioi
the same time, that: has been spoken of us tin
ossclm and Kmmor method 1
A. f have studied the system, and, I think,
loronghly understand it.
Q. You have seen and examined the description
that method, and that appliance, which are
lown on pages SKI, Stl and 8:12 of Mr. Prescott's
>ok '! A. Yes, sir.
Q. Look at the drawing on the blackboard and
do whether or not that correctly represents the
rumor method ? A. Yes, sir.
Q. This drawing represents the transmitting end
well as the receiving end, does it not !
A. It does.
Q. The transmitting end is not shown in Mr.
Prescott’s book, page Sill '! A. No, sir.
Q. Hut the instruments that are shown here for
the purpose or tinnsmit ting are those used in the
Kramer method ! A. Yes, sir.
Q. What does K represent in that drawing ( lbiHl
A. K represents a key— the back point of which
cuts out a battery.
(j. And wlml does K1 represent!
A. K 1 represents a key, the back contact or which
cuts out a larger battery than shown by key K.
Q. WImt is the strength of the current, which is
transmitted by the battery, MB' !
A. The strength represents the negative '.
Q. What is the strength of the current represent¬
ed, as transmitted to the battery JIB-' !
A. Positive - !
Q. Then, that battery transmits a current of dlf-
ferent polarity from the other, and of twice the in¬
tensity ! 'A. Yes. sir.
Q. Now, through what is the current from the
battery MB1 transmitted, when key K is in the po¬
sition shown oil the drawing!
A. It is a short circuit of key K, and goes only
over a short local circuit.
Q. Does not get into line I A. No, sir.
Q. There is a like current transmitted to battery
M H-, when key K is in the position shown in the
dinwing '< ...
A. The current goes through a short circuit in
key K1, and not through the line. 1038
Q. Wind does B‘, represent 1
A. K1 represents a relay, or relay magnet, with a
• niagnelized armuture upon it, kept against the'bnok
coiltnct by a retinctile spring.
Q. llow is the armuture A1, arranged with refer¬
ence to the character of the current by which it
would be attracted !
A. It is arranged to respond through one polarity.
Q. To wlmt curmut ?
<1 N hilt does R» represent ?
mnnner hIioivu tim . . . 7 **
?■ ,s J{3 s|>"»» <»' Hie dm wing ?
A A relay magnet, or relay ,vir|,
"o'
<V». I llo n Him I lire in marked \» /
A. air,
Q. M.mv is this armature adjusted with
wi,w, imh^* d 1 r »*<> ..c t
kv«iki*r Mian positive'
Q. It Would be lit dueled hy ., ,
onmy hingsnonger i A. Yes, sir
l Jliese tlireu ruluys, J{i, j{s ,lm|
T’ vi.™11 ,,f 1 rV
«,< i«,'i " «»>
Q. it passes along llus wire Jj, until it gets to it ;
does it do llien ;
A. It; ] lasses through the magnet R1, and attracts
i magnet i'/.ed steel nrnmluru A1.
Q. Then goes on to IIs : does it produce any of-
■t upon It-' 1 A. No, sir.
Q. Why not; . 1(
A. Because the strength of the battery is not
iwurful enough lo overcome tile retractile spring.
Q. So that the armature remains I cl I by this
iriug t A. Yes.
Q. Wlml effect does that produce on It3 11
A. None, whatever.
Q. Why not?
A. Because the polarity of tim electro-magnet is
it, or the right, current to attract, the magnetized
'mature lever AV
Q. Wlmt is B ' shown in the local circuit at the
ceiving end of the line? 1
A. B* is the local battery, the circuit of which
ms through lever A *, through the sounder,
irougli tim back contact or Relay R" to the
milder, M1.
Q. And then back to B 1 ? A. Yes, sir.
Q. Is there any other local circuit through which
le current Troiii B* can How ? A. There is.
Q. Which one is it ?
A. It is through t he relay lever, A 3, and through
m upper wire.
Q. And then down through A 1 ? It
A. Yes, and back again to tlie battery.
Q. Now, when the instruments and wire at the
ical circuits, at the receiving end ate in thoposi-
on shown on this drawing, through which of these
vo local circuits that you have just described, will
m current from battery B', How ;
A. ft. will How through what. T. should call the
at oil’ circuit, through the relay lever A3, through
Q. I’ll is is slimni on M)u dm wing ns „ longer ..:
(•ml Mian Mm oni! through Mm sounder AM. N,)V
Im I; is Mm mason why the current from If. who
04b1 M ''"I" in "l0 ••»»• I si
on Mm d hi wing, flows through Mm i t ,|
soumlor'jl >J;,SI "ml “'""W'. M,
A. Beenii.se it found :i shorter patli through llu
womi'i ! ' Ml11 out circuit. Mum j
"ould through nmgiml Mi.
Q. AVhy do you sn.v u shorter path i
losist- Sss<i.t‘lr',i;';,l,y ii,,loes ,,ot o,rurso »»•«••
resistant u ns it does through inngiml AM
Q- 1 1,0,1 1 " IM. the wire or helix offers
K'rnr . .
Ml, . Q- •A,|,l so when Mm instrunmnt. is i„ that nosi-
Q. Now. come I >;iek to the other mmstion You
ih d i , m" '* 'iKi.s.nilt.sl
t.KMK:,:«::td1::r;11- . ^
. . .
«; s;;s:,'Z“ "”•" « ■.
«“«— < <*
Q. From its hack slop ! yus
Q. Thut, breaks the circuit t
A- It does, or removes Mm out. out
ll>(i -monitor tlm cutout?
13 ?' nnlst Smell" "T? tl,u «»"*"» tan buttery
foui’ider M . a" ^ ‘ 11,0 **"* "•'M0" tad. to the
Q. When the current readies the sounder M
luit. effect is produced on it ?
A. It. gives the signal.
Q. As 1 understand you, that signal is given by
m change in tlm elect rival condition or the line
ire from zero to a negative of the strength 1 ? I
A. Yes.
Q. That gives the llrst signal ! A. Yes.
Q. Now, we go hack. If, while the instruments
re in the stale shown on the drawing, this key
: > is depressed, wliat effect will be produced upon
lie line wire i
A, A short cut out circuit of tlie battery M B -
•ill be broken and the current of the strength of
lositivc 5 will be sent over the line.
Q. And go through the line until it reaches the
elny ! A. Yes.
Q. Will it produce any effect upon the armature
l > i A. No, sir.
Q. Why not?
A. Hecause it is of a polarity, that will not effect
lie magnetized sled armature relay Inver A.1.
Q. So that that will remain just as it is J
Q. And it will reach tlm relay It'-', what effect
vill it have on that !
A. Draw up tlm soft iron armature A*.
Q. Whv will it attract that ?
A. Because it is si long enough to overcome the
•el motile spring.
Q. Then it will read! tlm relay It3, what, effect
will it produe on A* ?
A. It will draw up this magnetized steel iirnm-
"q: Why ( „ t .
•\ Because <»r tlm right polarity to effect it.
Q. So that, it will attract both armatures A3 ami
Q What effect upon tlm local circuit upon which
Mm battery B‘ is placed will the attraction of ar¬
mature A » have?
IT r . — J
,./N lint* l.eiu- j„ ...... v
slieH Ci1'"’";1’ !,W °>,on,for "« K> hash
hure ,.i«Ui.e.u| / ** wto't effect
iiTuil. around 'ihe ha'tiiy'jJ jj'; tlmMmtTl
” , and the only current upon i he'll, ,
tn^slhe current negative I, from the . . .
insmitting of negative 'll A Yes
1 ,i;„
1 reaches llio relay R1. What effect tines tlmt
id nee upon' the armature A1 !
V. The armature A 1 is attracted and opens a cut
I. eirenit around the magnet M and bn I lory B1
sos.it or leaves it in the condition in which it
s before, and continues the signal at M'.
And that ought to be continued because the
motor at K is still pressing the key ! A. Yes.
J. Now, tliis negative I reaches the relay R3.
hat effect, if any, is produced upon that !
\. None.
3. Before, when the two keys were depressed.
>se were not attracted as you said, been use of tin
ength being but I. Is thu reason the same wlij
the present condition of things, that the anna
re is not. attracted t
A. Yes. . . ■
Q. Then, this armature, A 3 , remains m tin
silion in which it is shown in the drawing !
A. Yes, sir.
Q. Keeping the circuit in which M 1 is stil
wed? A. Yes.
Q. When the negative 1 current reaches the re
,• It a. what elfect is produced upon that !
A. None.
Q. Before, wlieu the positive current was trails
ittedon the line, the armature A 3 was attracted
A. Yes, sir. .
Q. When the negative currents reaches it, wlui
comes of armat ure A 3 !
A. The armature A 3 was at that time again*
e core. The sending out of negative 1 on the eu
lit which takes the place of positive 1, allow
at armature. A *, to fall against its back-stop.
Q. That is, it is drawn back by the relraeril
•ring? A. Yes.
Q. The relay ceases to attract it . A. les.
Q. What elfect does the drawing back of arm*
ire A 3 produce upon the local circuit in wide
Q. So flint Hit* increase in Mu* strength of the
•'ll non t, mid flit* lino whinli you have just described,
fi-oni 1 lo 2, caused flit* signal which this .sounder
wiiii giving fo cense ; A. Vos, .sir.
Q. Tlmt-i.s if ? A. Yes, sir.
Q. Now, wlitin no runout, is holin' transmitted
ovor rho lino, nml ii current, tin* strength of posi¬
tive 3 is tmiisniitteri, (loos Mint produce miy effect
upon this sounder M‘ ' A. No, sir.
Q. Hut it. does you snid upon .sounder XIs?
current in the line'lVm, " ""ensily of
negntive c, e or ‘T’
"in I- gener^ivpr,,,!;;,;;; °r ’• 7^ ^
ICG I from zero to either nositio „ '1‘ Jl1*
-A- If chnnged from seiH^
liltice. Now "l,,,,! '' Mm til*
Q- Thill, tilso. 1 Hit,, 1, ....
><>5 signal at XI? Yes X 0,1 snid would give tin
f'""> Positive'" [('"neguMve o" "l" li,,u
«"'«t*d by the closing of kov K is
depressed, what, chinmJ «*' , J K’ ><«>’ K'.
sounder if., w|£h ^ 'f upon the
Hie signal t hefoio luid been giving
H*o sign’d is'ililiskec!" * ’S0,ln,lerAr,: is '«lt*nse(l mid
A. Yes sir.
Q. Hut. not 11 change of polnrity (
A No, sir.
Q. Now, when tile current on the line is negative
1, 1 think you snid Mint m
sounder XIs : A. No. sir
Q. Now, when there is
upon the line, and you eh
tiveS, I think you snid Mu
current of negativu 1,
ige Mint current to posi-
n signal would be given?
Q. Tlint would be n change both of intensity and
polarity t A. It would.
Q. State then whether or not it would lie correct,
to say that lids sounder XIs, is always operated by
a reversal of the current on the line wire?
A. No, sir ; it would not.
Q. State whether it would he correct to say, Mint
XIs is always operated by a change of intensity
of Hie current on the line wire? A. It would not.
Q. Sometimes, I think you stated, it was operated I
by change of intensity, and sometimes by change
both of intensity and polarity t A. Yes.
Q. State whether or not, then it can lie said of tin's
Hosschn & Kriiaier met hod shown on the drawing
Hint of the operators receiving the signal, one re-
jcives it by the increase and decrease of the current,
ind the other by reversal of the polarity of the
jiirrront?
A. No. sir: it cannot be said.
Of which I lull
method, ns sliou
A. I do not |u
" lio .snid, except M|.. Kdisi
| Diiiwliif; rked Kxhildi^S, which
copy of flit* drawing on ||„. black-lion
put III evidence. I
Y,"|" ii,VU J,"SI ,1,!S,‘l'il"‘<1 'Ill's llossclm & K
lo | Hr . ,:^,l"ine'1 i,s "Pernlions. SI,
line ions I ' « " ’ d ""-' nru ,ll<? r"i«rt.-.iiioi.iiil <1
i .w i T ',,,S ,ne"',,(1 ‘"“l "»-• n.uili
00?" H * drawings mid .speci/lcntiuns, in c:<
iS’ ,,u" »' "■« ninth,
seil,is V ‘'I'wi'ioi- upon one of thusid
■ ‘-.mis .iln.iy s l.y the reverse! or polnrilv.
,ia‘",i,L,r s«»ds nhvnvs i
On llX I' “ 'T'TT0' t,K‘ n,m‘m
in lor .sen. I ■ ‘ '’l" ,,IIJ iMim ier mol hod, encli op,
of (In. ^ , "o ""W!lsil,ff I In* inlensii
by (.|n, Z ,i" ,l!,"!"iHl,i"W *'• >""1 sometime
*’ 111111-111- tin. polnrilv. The two n.nni.ers „
snnd, ntt i .remixed, vi, heneh „,|IW.
tin,.; In, .".'.n 'r1.11 '’0"lslill,‘ «'l"itlier or not this dis
, mm, ' j"st slnled ns ||,e r,,n I .
Kd , i ‘ 1 c 1 " *- K method it ml
n; : T «“« »». ''on Id nink,
.
.
T ,la Il,u ••“•ao" of Unit difference ?
liiiJ'wile Uw ,mre,,t ***** »„ «.«
sent over it wlietii .. 0 l0,'°''|l the chemical signals
oi' a change' in intensity & “IV'"®1 of 1,,>lmit-v
in wise 00 in *].« * * P 8 1,s ^,e Method shown
. . “wSLfrr* •y*°m 1
not know of any method
by which tint cm b.> d m ), in the signals nro mixed
together, sometimes being sent by n clungii of po¬
larity' mid sometimes by a change in tbu intensity.
Q. From tlie same operator I A. From the
same operator.
Q. Look at the drawing that I now show you,
marked exhibit V. Is there nnyiliiiig in common
between the system of Kramer tlnit. you have de¬
scribed, and the syst "in of ease 03, and if so, what?
A. lean sec untiling in common except the use
of the b it lories, magnets and line wire.
Q. In the object lo be attained, wliat is (here ill
common? A. Both attain the same .object, by dif¬
ferent means.
Q. What is ilmt? A. The sending or two mes-
s.igcs from one station, at the same time.
Q. And in tlie same direction and over the same
wire ? A. Yes, sir.
Q. Nmv slat- wliat in your judgment are the _
mechanical means which are shown in case 1)9,
which me essential to the sending of two distinct
messages in the same direction at t he same time;
A. First, there must he provided two batteries of
different strengths or powers, so arranged that one
or both or them may bo reversed ; there must be
also, some menus provided of increasing nuddiltiin-
isliing, or using one or bol li iff these batteries with¬
out breaking (lie continuity of tlie line wire. Also
some means of reversing one or both of those bat¬
teries without. I miking the continuity of tlie line
of wire. At. tlie sending end there must be some
appliance or means of receiving provided, which
shall receive tlie signals given by a change or polar¬
ity, without being affected by the change in tlie
power or intensity of the current; also there must
' be other mentis provided of receiving the signals
sent by a change in , the. strength of the current,
which shall not bo affected by the changes in tlie
polarity.
;d, . . . .
'zrr ta-|r« ■»««.
, m,,,uI;ntvo;K1::;t:;^i**-‘ *» n..s «<»«.
the invenlioii which is deseril 1M.‘9,*\,,,S lc,“.v). mill
A. They nw 1 ' m^,n «"* d..ln, I
wire. ’ L ,ul '" ,,w by the line
Q- Is there any other connection ;
A ',,r,,ur col|nectioii >
q. jfi zt:z tc,"*— »■ — *»
](!7r breaking kev would 0,|ier eireuit.
1(,,0in Hie sixth claim so r , |m,l,oso «l'«<-iihed
in the first is conrermwl .* * *° ,m*eniion deserilied
ior the other? ' \ yes * 0,10 Cun^ substituted
upper ',,L‘
equivalent is given for it * h I an
Mr. Edison etdleil , i - "mt, I think,
vices— t lie one show, iUe .ta¬
wnier nml fli00Uierrtio^ i»n toft . . .
drawing, intended for tlio sm s'lru2on Hie same
JOiTsuhslitine for the other! " ™£,,$?n-OB* "s a
of these two devices?”* Hie iiriucijile
,2
Hint is, to overcome or brid™ “'’T is ,ho 8,""° ?
vnl in. the magnet w on 2m.« • *' ^latghtluU*
Q. Are those devices, as compnrod with one an¬
other, substantially tililco, or different ?
A. I should call t hem substantially different.
Q. Stale whether or not, in your , judgment, the
invention described in the first claim, and the'
principle features of winch you have already de¬
scribed, would ho affected to any degree by the 1078
substitution of one of these devices for the other?
A. No, sir.
Q. State whether, in your judgment, tlio princi¬
ple and method shown in the first claim and in the
drawing would be carried out by substantially tile
same means, whether you substituted figure 2 for
the device shown ill the upper left hand corner, or
not?
A. Tn my judgment it would.
Q. Yet you told us a little while ago, that these
two devices wore, in your judgment, substantially
different. Explain to the Court, the reason foe
that statement that you have just made ? 1 1 ‘
; A. I can d ) that best by employing an illustra¬
tion. There is a kind of telegraph wire known as a
“compound telegraph wire, ’ consisting or a steel
core, with a tube or covering of copper around it.
Ishouldcnll that substantially different from No.
0 iron wire which, is generally used; yet in trans¬
mitting Morse sign ils, or in reference to Hie Morse
inventions, [should call it substantially the same.
Q. That is to say it would not affect the princi¬
ple of the invention i:i case IW, whether you trans¬
mitted the signal by one kind of wiro or another ?
A. No. sil. 1680
Q. Now, suppose there were seeded to the first
claim the words, “by substantially llie same mentis
ns those described;” state what means, in your
judgment, would be referred to by that language ?
A. Tn my judgment the means that I have before
described would In intend.):] by that claim.
Q. That is the means which you say were essen¬
tial to carry out the object of the invention ?
A. Yes, sir.
11 "ilS diflhrwit rmnf I,! I" *!
.
01>jc*ctccl to as a question of law
m in, nllli-„,.rV ' ,!i m,mw- 'I’fiis, gent
,nilI> »« 1™, ‘"jr" ,!nv-v',r- *» >* Ail!,
aiSnurih'K^T"1 “ I.W.
mplo 1 , , . " ■ ' ,:I.,;|"K "> III* mean
'*T ;» «^,,,i0"’ w,,ich 1
lonld not (!onsiil0,“t a0Sn!,J?,!t °f thd hm''ition, ]
Q. Now lo k ..V h mibstaniinl change.
Iiieli is shown on that d wV ’ 11 f*' ' 1>roSGl v 1 "fir key,
*•» mm*i, *2Z%££r*;:*~
}. That, I think, is one of the thingsjtlie patent.
■ which is applied for and claimed ?
A. Yes, sir.
Cj. Now, if it becomes an object in the trnnsmis-
m of messages over the line wire to send them'
pidly, what change, if any, would you make in
e character of this reversing key l>’ !
Mr. Dickerson. — I objuct; I do not think this is
mpetenr. Tf we are going to have this young
nilcman invent a telegraph for the purpose of
ding some argument by my learned friend, T
all have to examine the young gentleman as to
s inventions; and while 1 do not feel much intim-
ii teil in the prospect, yet life is short, and the
sir 1877 is ebbing away, and 1 object to follow
is out loits conclusions.
Mr. Wheeler. — I do not propose lo show any in-
T/ii: Court. — What is the general subject of in-
dry. Is it. with reference lo the distinction exist -
g between II!) and Kramer i
Mr. Wheeler. — No. sir. What I am now aiming
do, is this: We claim . 1 I want to show by
is witness, (because I can show it by him in a
are practical way than heretofore shown t — I want
show by ibis witness, that by the substitution of
jeha nival equivalents for some of the devices
deli are shown in this drawing, of case 0!), that
so Of) and the invention described in it is npplicn-
e to automatic telegraphy. There has been nn
Tended cross-examination oil the subject of the
(plication of that case just as it stands, with all
i devices just as they are. Now I think I have
own by the witness, that these devices are not
icessary to accomplish the object which is shown
id described in the application, and that other
, vices might be substituted for them which would
Mr. lhekrrmn. — Tin* mutter in controversy 1
IS n certain i n Veil I ion which we will cull
Splicing u ,lMm to express from mm direction!
rerimn invention in duplex has boon made ,
thegeiitlenmn now proposes lo show tlml Unit
runl ion is applies bin to mil telegraphy ; j
' "‘-V . . show it by the process of' tali
•H'l one piece nnd putting in some other, nml ll
l«iKin<e out it seeoml piece nml putting in so
oilier, nml so on until they have ton, down i
original house ami carried the bricks into thestr
l,llf "1* n S'-inilu Imilding in its place.
The OmiA-So far ns I he witness has gone
s.i.\s the ineelianiciil device is not essential lot
>9 principle of the invention.
Mr. Bh-kenon.- The testimony we have h
iipon Unit, turns upon the question that the pri
oiple supposed to have been invented nr patentn"
is tlm use of the reversal current nml incrensi
current. They have produced here and put L, e
he L!! 5 'h ",V0,,ti0n. of Mr- ®H«m i» whil
lit has used the same principle, making auto . .
telegraphy, and they think it wm.i.i . •,
malic telegraph, by taking out all Hint ennsri-
fes the patentable invention in case 0!) and sub-
ituting therefore a new set of devices which
mid constitute a patentable invention. Bat now
• are mining to another view of the case : lie has
Hither view -presented— that yon can lack on 1 u JU
Oil at its two ends— the tfixji'cla vitmihrn of
automatic telegraph, ami that will work,
ow, wor’e going to a tided aspect of the case,
id now this gentlemen is going to invent some-
dng else. They are going to ask him, suppose
i; lakes oat id case 0!) the relay, and pats - some-
ting else in, what would lie the general result.
fell. I have no objection lo it on my own account,
seept the loss id lime. 1 do begin to fee) the UmO*.
rent length of the case, and would wish lo save
\ 1 should use a lighter form <>T tlm pole-chaager
nd also provide means to facilitate the action of
lie lever better than that of a retractile spring:
,ereis such a device in use now. and has been.
Q. How long lms it been in use i
>f the devices shown in the drawings from those
vliteli arc shown in case tin !
A. There are some changes.
Q. Begin and describe them, taking them up one
" a. Commencing at tin circuit preserving key, 1
lind that, a magnet is substituted for the retractile
spring; also that perforated paper has been added
com bi Hie local circuit by the ordinary circuit
closing key ; passing t„ the polo-oluingo or re,
»ig key, I Hurt tlmt the same change Inis been n
Hiero both ns to the addition of the extra nnii
in place of the relmelile spring, mill also pm
Ihe perforated paper in sneh a way that it
nseii instead of . . rilmary eireiiit closing k
bO.I these are the prineipal. ami, 1 think, the „
changes in the sending inerhnnis.n ; on (lie li„
had that an arrangement of the el li , , ,
U .eostat '‘idled the overflow dam, has 1,
mlded ;.li,e magnet; key has had a shunt appl
:";o""d it ; passing to the receiving end. the eh!
1..1I paper of tlu> antoninlie has been pm in
niae!*d in" "u cbemieal paper has l>,
!'hani" r o£l"!n 5 ,,re 1,11 1
Q. Slate to what extent the pole ehmme or
jO^ versmg key, whirl, is shown on that dnnW,
seiied the purpose of Hie other shown in ease !)<)
. * ***-■*«
Q. Explain why il arts quicker {
i,,:;,!.",'1";,'";1-: ^f.'ir^ig key. si,,,,,
UUt{ *« marked Ra reti?tf(il<*
S'Z !::,.;:;v(' I,,!
in.iH„ei i,. ||,e net, on „f the n,i
" . . . ", «iti. a, . . . .
'■ ~k» — « « n,
1GU5sledi in T-’ Sh'!, 1,Ul1 H,“ luvw I ’imh. SO thilt i
M1.1II make snel, a eontaet. 1
Q. U turns on a pivot 1 A. Yes.
Q. And wJicii oho cirotiif iu (,i,, « .
opened immediately ( A. Yes sir
Q. That is the object of it?, a yUH sir
Q. Ami the spring does that 1 A. Yes '
Q. How do yon do that in this drawing?
• 1,1 tl,C °t,,ur H is palled buck by tin
loetro-mngnet instead of the ret, nettle spring,
hieb acts quieker than the spring would.
Q. That is, before this second electro-magnet,
■Inch you substituted Tor the retractile spring—
efoii, that, pulls the key back upon it, the key is
t traded by another magnet, ami when flic other
uignet which attracts it ceases to operate, tins 10 JO
nigiiet. is substituted for the retractile spring, pulls
back quickly, ami closes the circuit at the other
ml! A. Yes, sir; or reverses it.
Q. As 1 understand von in method DO, it ... es-
ential to have the eonlimums current ! ,
A. Yes, sir ; substantially.
q. 'Po have one almost, continuous— practically
ontiniums ! A. Yes, sir. •
Q. Although theoretically there is a break !
Q.’ And that device you have now described pre-
lerves a eontimiily of that kind ! A. Yes; sir.
Q As well as reverses its direction !
A. Yes, sir.
Q. There is, as T think you said, a break at tlie
Moment of reversal !
A. On the main line.
Q On tlie nuignet at the receiving emi t
A. Yes, sir; at the neutral relay.
Q. ludellnitelv small! A. Yes.
Q. You said you would put a ssliunt around the
magnet key K? A. Yes, sir.
O Wliat is tlie object of that shunt !
A. To prevent the mutilation of tlie signal by the
inductive effect of magnet K. 109*
q. When does the liavingot such n shunt become
necessary t
A. In sending very rapid signals by the auto-
mil tic process.
Q You said you also would apply an overflow
,1am at the point between the key and the transmit¬
ting apparatus that is shown in the drawing I
A. Yes.
O. Wlmt is the object of that t
s Exhibit V i A. \us, sir.
q. Will you now describe to tlio Court I
vhicli is shown in Mini drawing. l»y which
misgiven by tlie elmngu of the polnritj
vnrrent would lie recorded on the chemicn
A. Thu current being reversed by
dumgnr.
Q. Let me usk you one tiling bolero you
that; as shown, the smaller battery H, Ira
negative, and the oilier liattery A, (the lav
transmits a positive current, and are indi
Imck stop, ivliMi is ttuirkwl with the* n
Q. Kceaiise rile local circuit in wliieli ii is situ
's J*nt closed ; is linii correct > y,..St sir.
(J. 'V luil effect will he iirod need on tin; eliemicn
J’ilp,‘!' is sll0"'i| ill (lit* u])|H*r end of tin
lira wing, if yon reversed the Imllerv nml Imnsini
n positive current ?
A. Tin; local circuit of tlio batten- in wide
sonne e. N is placed, will be closed:- the cum..,
will then divide itself between the magnet Nan
Hie eliomirnl pnper.
Q The mode in which the closing ofthecircni
is effected, ns f nndeislaiid it, is by the altmctio
of the armature of the poloim-d relav from tl.
I'ii-k.stop. which is the minus mark, and the sto
on thiMilher side which is tin- plus . . !
Q. That closes the local circuit in whieli tin
sounder L ami chemical paper a re situated (
Q. Now, go on and explain about the dividing.
Q. Now, go on and explain about the dividin,
of the current i ‘
A. J he current divides itself between the electro
magnet i\ and the chemical paper; and each I in,,
that it is so closed, it discolors the paper bv de
rrr" ?f 1oi',,or ll,°’ d""'1"1 '»• «u» metnlli.
poml of the stylus, and makes ii mark.
u-m i 'i'o -1^ extent, if any, will this magnet N,
wldclU think you said was also a sounder ?
Q. To what extent, if tiny, will the placing of
hnt sountler in the position shown in the drawing
so as to divide the current which is transmitted;
lien a positive current is flowing over tholine-to
hat extent will that aid or retard the recording on
le chemical paper of the signal transmitted by the
A. It would tend to aid the discoloration of the
uperbv the discharge of the inductive effect from
m magnet itself ; it will aid it, and not retard it.
Q. &> that, as I understood you, SIaUSS"5igmils
mild lie recorded in a given time on the chemical
a per, ir von retain the sounder N in the position
,own in the drawing, than if you removed it?
Q. That is so? A. Yes, sir.
Q. 1 will ask you ir tho letters which are shown
i this drawing, indicate relatively the same parts
j llie equivalent letters on the case 99 ?
A. They do indicate about the same.
Q. Now, explain to the Court how the signal
recorded on the chemical paper shown
„ this drawing, by the change in the intensity of
le current. I refer to the drum on the chemit.il
Q. 1 set.* I wo pons shown in the drawing, wliirli
I press on Hie surface of the chemical paper when il
tAiches the drum. Sink! the object oj those t»vc
puns ?
A. Tho olijeet of the two 'pens is to prevent the
signals being mutilated by the changes in lliu po-
lurily of the battery. One or oilier of the pens will
nmrk, according as one pole or other of the halteiy
is plnred to line.
Q. So that as long as the stronger current is
flowing through the line, one pen or other will
make a mark on the eliemieal paper?
A. Yes, sir.
0. It does not matter wliieli, as to the ehararter
or the signal ; A. No, sir.
Q. You said that the current divided at X >, and
a part of it flowed through the shunt, and to earth.
What heroines of the rest that does not go ih rough
the shunt ?
Q. And this eontrivanee, marked Figure 2, is the
same as the Img-trap which is marked Figure 2 in
Oil so no 1 A. Yes, sir.
Q. How, if at nil, do yon obviate in this receiving
instrument marked X the dillicnlty which you pro-
viously describ'd, caused by tho reversal of I lie
buttery — why is not tho signal mutilated upon the
chemical paper 1
A. Because it is always recorded by one or other
of the styluses.
Q. What positions do flic two styluses ormetullic
pons occupy in reference to each other, to produce
that result ?
A They should ho placed very closely t ogether ;
her side by side, or one behind the other.
Q. Is it in fact not pnict icnlly tho result that
ere is no mutilation of the signals when you uso
e pens ? A. No practical iinitilntii.il.
q* The mark may he a little wider or narrower,
it it shows distinct oil the paper ! A. Yes, sir.
tj. Suppose it were desirable for any reason not
i use the chemical papm- 111 cornice, ion with I ho
darned relay, could you remove the chemical
nuer and the chemical receiver from the eonnec
on shown in the drawing in the polarized relay,
itliout interfering with the reception of tho mis-
,gco„ the ehemicnl receiver 11 is shown hen
Mionneelioii- with the neutral relay 0° ?
A. Yes, sir; it could be removed. ,
Q. is lliere any practical dillieulty in doing Unit
A. No, sir.
Q. Where would you do it?
A 1 would diseonnect Urn wires lending to tin
icrfoiatcd paper at tile point when- they join 111
vires leading to the sounder magnet N on each sal
m the neutral or polarized side.
Q. 1 said, how would you remove the elninn.
receiver from the poluiizcd lelnv— whellier yo
could do Hint, and still receive the. message nut.
matically on the. el.cn.inij rcmrer, » «n
nected with the neutral relay ! A. Unit is n0nt.
O Your answer is correct ? A. ies, sir.
Q. Gould you also apply this device- the diem
cal paper in the slmut to the polarized relay ?
<£ la tiie same way ns you have shown in tl
drawing, you could do it m connection with tl
If ony.lmvo y.
made in this drawing in the local eiuiuts at t
msmmm
Q. Have you taken anything from ll:c devices in
tlmt connection which is shown in Ute drawings of
case 00?
A. The retractile spring prineipally.
1,1( Q. Wlmt Imvo yon substituted lor that?
A. 'I'lie oilier electro-magnet.
Q. As you described before recess? A. Yes, sir.
Q. Is Ilia! I lie only tiling that you have taken
away? A. T don’t think of any other.
Q. Explain to the Court the < peialion of |:o!e
changer F, which is shown on tliis drawing i
A. If is now shown with the lever F.
Q. It. is now in contact with F* as shown in the
drawing?
A. Yes, sir; that puts the end of the battery
connected with the upper spring of that pole cliaii-
j71Sgor, which is the negative pole to the line, and con¬
verts the other pole to the ground.
Q. That is to say, that is the direction in which
the current is tlowiig, the cum nt fioni U Hows
through the line as here shown, and the current
that Hows through Fgoes to the ground. i
A. If the battery were ic versed, if would put ll
negative pole to the ground, and connect the jms
live pole to the line.
Q. That would he done I y the retraction ?
A. (Interrupting), of the upper magnet; yc
Q. So that the armature of flint magnet would
be attracted to the upper lever which I marked F®,
and touch the contact point of F* ?
A. Yes, sir.
Q. It would, in other words, vibrate Ixtween F
and F8 ? A. Yes, sir.
. Q. And if it touched F', the current would How
in the direction you have already described, and if
t touched F8, it would flow in the opposite diruc-
' Q. And it must, always touch either one or the
that' why Hus saiueeffect is produced by thh
pole changer F, which is produced in case 00 bj
the pole changer F there ; is not that .
;V xw Task von If' von are familiar, and if so
to what extent, with the practical
automatic system of telegraphy, as it » used m tin
conntiN . flv(.mint.)y, and have watclie
itsdillerent opem.ions with a great deal of jn.eres
O You are familiar from actual observation
experience will, the results attained by it ; are yc
"°0 1)0 von know what the maximum rate of spec
in the transmission or messages in
in use in this country is, practically attainable
A. Yes, sir.
Q. Wluit is it ? . . ,
A. From otiO to 800 words per inmate.
O With wluit would tlmt vary 1 A-
length ..Mine, and with othereircun.stances.
Q. The shorter the line the more, lapiui.r
tninsiiiit ? A. Yes, sir.
o Tlmt is so* is it not ? A. bU* . .
Q. What, is the average mto of *!**£«* »
tinned cm Mie automatic system mpiac i . .
Q. That is customary at tlu c t
iu all telegmph systems to Inn o a wtuin
n mis neen no ns miffed 0. K.
A. ATul uhvavst sometimes it
l,e,!" «,“H»wrwl with Hi., net ii;i|
ll i ' !"!“ for some little lime past. When |
r it Ins it was not ilmio, except at ||,„ ,;m1 of „
’ivoM m‘‘VS,W“’’ "'lle" ,l,u «-“»»»••> signal 0. K.
Q. In (ho automatic system tvns n rcinrn signal
gi'on :it I lie on. I of <*acli message! "
Q. The nool is shown on tlio drum <
A. No, sir; | lie reel is .a wooden or (j,, i,„i,|lill
JIlSIp'”"™'""” . . «—%
Q. Tin," when it is taken on this bobbin to (lie
fU'lu'S lllfi'"">'enl how do you pm it o
(lriun of the transml. ' 1
point if one oah'^epens1?111 ** 0,1 11,0
A. 'i os, sir; Dm one on (he sending side.
.
in pruetico ? ^ ’ ' ,,lto ot transmission
A. It minces it about 00 per cent. — jj-.
Q, Why ?
A. Because from the lima that ellipses tram the
instant that he Jins liui.shcd the reel anil closed his
key to give the return signal, he might have been
sending forward a huge number of words, which,
of course, is delayed by his having to- stop to re¬
ceive the return signal.
Q. On the automatic system as it is practically
used in this country those delays are inevitable i
A. Yes, sir.
Q. bet mu call your attention in this connec¬
tion to the third clause of the specification of
case 1)0 (page 07 of the exhibits), which is
ns follows: “By duplicating the parts herein
described, four transmitting operators, and four
receiving operators can work simultaneously over
one win:, two of each being at each end.” What
idea, if any, does that . ivey to your mind, as an
electrician 1
A. Tt eonveys, as 1 should express it the idea of
duplexing, case 00.
(). That is to say by applying to the method here
shown for transmitting two methods in the same
direction, some one or the well known methods for
transmitting two messages in an opposite direction !
A. Yes, sir.
Q. That is what you would call duplexing, case
00 t A. Yes, sir.
Q. And to your mind, the word “duplicating,”
in this connection convoys that idea 1
A. About that. idea.
q. Now, is that method which you have just des¬
cribed of duplexing, case 00, equally applicable to
the methods shown in your drawing (exhibit V.) 1
A. Yes, sir ; properly arranged.
Q. You could duplex that as well as you could
duplex case 001 A. Yes, sir.
q. what effect would it have upon the speed
of the automatic telegraph practically attainable
for business purposes, if you could provide some
"'■I'oinnliu transiiiilloi
.von h •! ve spoken " ' ' ' ' ' 1 1,10 «»‘*-*« riii>lion of which
speed or a vorv T™ U '° ,,a
Q N \\ 'f ‘ l! <>SU npi)lom:l1 lo '*•
.
Swirilh lUl? n"m',0r °f s,V",'ls.' "•Idcl! ‘would
Q. Yes, sir'
O irn'r)? ‘‘-'Sloroit lo Ihu maximum.
,ro M l , , , V ° • ' °r "0t l‘-V "'«•»» " hid,
«uc biioftii in Miat (Innvni", two lueasa^ps . ,•
in t,lu same direction, onuon the
1 730 turn i ' S' 8 , ln’ i,ml , llu otl,ur 0,1 ,llt! Morse ays-
A. In my judgment they c;im • yes sir
.
A. No. sir; .here is none
. would put
cSS^-WM*
Su'eml uing-r° •Si<1° nt pSffS the
. fo h?0' Vi a lc2? "ns riom quo end of a lino
f° ,I|G »«««•• For instance, if mi 0, 11 1,1 0
"'g 0,‘ t,,u f*o». Now York to Boston',* J
lid have the' Boston operator signal back over
other side of the quadruples to the operator
lo was sending by the perforated paper, that his
had been received 0. K. 1 would put that in
li tlie ordinary Mot so business, which would in-
•upt very little. The automatic sender— the
a who was "sending with the perforated paper
until thus continue his work uninterrupted.
Q. And the operator who was receiving on the
torso :it his side, would be inhumed by the signal
that laid hern received, and then lie would be en-
lilcd in that way to proceed witlioutinterniption i
A. Yes, sir.
Q. Now, to what extent, if any, would the trails-
nissii n of ti e mrstrges firm the perforated papei
lid the reception on the chcinical paper with the
scans and by the devices shown in that drawing,
ic delayed as compared with the ordinary automat¬
ic transmission and reception when you send only
one message at a time ?
A. On the automatic side ?
Q. Yes, sir. In other words state whether or not
by’ the devices and on the plans shown on the draw¬
ing (Exhibit V.), yon would practically on tin
automatic side get the same speed that you dc
now on the plain automatic?
A. In my judgment we would.
Q. And in addition to that as I understand you
you would get an increased practical speed, owin'
to not having to stop for tho purpose of receivinj
a return signal ? A. Yus, sir.
Q. So that in practice, although not theoretical
1y, the system shown in that drawing would on tin
automatic side transmit more signals in the givei
time than the present automatic ?
A. Yes, sir— practically.
"oik lift non r iik yon could judge ?
A. Providing the line laid ns much business «s
could tieml '
Q. Of coarse, I refer to the line being worked i
its full capacity, and to an average due’s work t
1 “>•> well as to an average day’s messages ? '
A. It should make an increase or 0(1 per cent in
. whole day’s work as in one minute’s work.
Q. Look at the drawing which is on the bind
board, and or which Kxhil.it V is a copy, an
slate whether there is any device in that nppnnitii
"J IK'“ tilt? inossn^i'.s from nit
of speed shown in the automatic if you irnnsnii
ted messages automatically in the way von hav
described to the neutral relay?
elL'iit.1 S<!e0,,l‘V 01,0 l1' ' ice l,wl "‘'S1'* ll:|ve l ha
73G Q- ''Vliicli is that?
A That is the arrangement of the transmitter
m IS the circuit-preserving key which is . .
1) in the diagram.
Q. I low would that operate to iliaiinish the rati
of speed ;
A K it did do it — I don’t say that it would, i
"ould do it by the inertia or the lever which wool,
side t0 bU ovom,,,"?’i" 'ts vibration from side K
sl.nnn'7,nt ,,t‘,,sn"’ ir"n.v- is tliere that that level
should have any considerable momentum ?
A. It could be just as light as is consistent with
3‘ th“ 8 r'S ' ro1, **«» work it has to do.
, JJo y°u k>i«>W how fast sueli a lever can be
witl^tlm 'i.0,'C ^ ,niu*u light enough to be consistent
"itli the necessary strength ?
Untie T| Il,mlly Sivts the exact number of vibni-
vervnearlv" 1°1,i,"on h w»«M vibmte as fast, or
deimigiietized.3 “““ 1,0 *
Q. How does that rate of vibnition. which
have just mentioned, compr.re witu tno inie oi u.iuo-
niissimi on the automatic system, if there were no
such lever there, practically?
A In my judgment it should bo about the samel
q" That is, vou think if that lever were made
li„ht so that it would have no considerable nioinen-
turn, it would not. practically diminish the rate of It 38
iransaiission from that it would have attained by
the automatic system alone?
A. In my opinion it would not. .
Q. Is there any other device shown in that, draw-
in., which would tend at all to limit the speed
of” the automatic in working on the neutral side ;
workimr. in other words, by increase and diminu-
ti n or the intensity or the current without refer¬
ence to polarity ? .
A. Since I answered your other question on that
ncitter T have noticed the polarized relay
placed at ,tl.e receiving ends, which might possibly ^
have that effect, but it might be overcome l.y nn
arrangement well known in automatic telegraphy,
that is the polarized relay. . .
O So that bv using one of the devices which is
omnionlv ined in automatic telegraphy for that
purpose, that diilic illy would be overcome (
Q. Whntwould you call that device ?
Q. What would be the effect of the rainy magnet
shown ill connection with tho neutral receiiei
x,;fui!r^ tho1740
reQy How would that affect the clearness of the
8 SA!l'lt would make them clearer.
A. 'Byi cutting off, as it wore, of wliat is
obstacle on I lie plmi sliowi
V), hi the transmitting o
■o desirable, would there be any
ill that drawing (Exhibit
l, he automatic method,
ical paper, four messages
at once over i.iiu nne .
A. Not unless they were messages oT a character
that need not bo broken to send the return signal ; ft*
and I can think of no set or messages in which that
can be done, and therefore. 1 do not think there
would bo any advantage in sending automatic on
all or the sides of the quadruplcx, at the same m-
StQ,t'The practical difficulty that you point out on
such an application or this particular method would
be the necessity or making this reversed signal on
Q. But it you add a device which would obviate
that difficulty, then you could transmit your four
messages, atone.-, automatically i A. \es, sir. |74£
Thr Court. — It is the absence or any such (let tee,
iU.it i"t ii sen llm ('runt loss von ivfor to, as equaling
tin* left hand Mn <>f drawing, am nnu cec
l,fQ/lt would not be absolutely necessary ; tin, sir;
11 Q.*The neutral X' 0 17
more distinct, and obviate the tailings
O But’the'h^tnip which works in connection
‘ wiS; tfe »eut“olay 0 would not be necessary I
«: *** “-J!
neutral side, you would mint it f
A. Yus, sir, it would bo necessary.
Q. Hut in tin: uusu, by tliu iluvico of tlio two
lions, with t hi* assistance of this Hum ral ruluy, you
:u:ooni|ilisli I lie sumo result which is accomplished
on the Morse plan by the him Iiiii> — is that so '
17 A. Vos, sir.
Q. Look nt the instrument which f. now show
you. mul stnto whin it is !
A. 1 1 is a receiving relay, that has been callctl a
short roil, and also a neutral relay. I not ice that it
is provided with a shunt.
Q. Show the shunt to the Court, and explain its
operation.
LThe witness does so. ]
>’c employed that instrii-
Tliere is a coil H shown in circuit here
uch a shunt around it.
Do you know who that was made hv 1
It is marked Edison and Murray.
How long has such a relay as that been ii
1 don’t know.
Q. As far backus 18702
A- 1 don't remember seeing it ns /in: back as that.
Q. Do you know whether this shunt that von
■•hiive described was employed byMr. Little in con-
nection with liis system or automatic, telegraphy ?
A. I have heard that it was ; I haven’t seen
Little’s patent.
Q- 'J^'at is your understanding '< ,i
Q. Look at. the. patent . which I now. show you,
being reissue number 0(508, andiit the passages in
the 2d and -lth paragraphs that' I hiive marked ? !
A. I here is such a shunt shown in tlijs patent.
| Patent put in evidence and marked ^
plaintiirs exhibit tiW.
n «si.ih, whether or not in that patent the elioin-
ira (receiver which you have desflilied is employed
as an equivalent for the Morse receiver in connec¬
tion with the invention therein set forth t 1750
A. Tt is spoken of as bcnig. oither elei tio-maf,-
lietiii or chemical. , >
Q. That is, that one or other may
connection with duplex system i
A. Yes, sir. , ,
Q. Without changing the invention I
Q." Looked the passage on page m r of the worit
oil .-luctricity by the derwulnnt, Mr. Pie^*
second paragraph from tlie top?
q! I will'read it : “The duration of
u.||i,.h is required to produce a signal is 1701
* however always less than the time which elapses
‘‘between the making of , ,,t ,.lle
V, r i, 1. » i »' '
MM 1..
. .
. . Ml wonia Ml* J*
May 8t», 1877.
T>ireH-i‘xnviinttliim of Henry Van J/nen-nbernh
continual. J
Y"U htiiltMl yesterday that one of the objerts
• « pin poses, winch WHS subserved by this magnet
mint) circuit in which A'is situated nl t ho its
e.. ’ "!,S t0 nmku ,llu signals on thechcmi-
1 • pn passing over the drum X more rapid, or
hiiisl intue oieHr, and more sharply dolinud lhan
M e> otherw.se wo . ho. Does it. subserve any
iu heiielieml purposo tisido from that ?
, ,, ;. it- !,ls.0 l"'ovi<los « belter path for llie
eat Mian through the chemical paper ; otherwise
Jb.c n" would be too weak to work tlm polarized
bo we’d! I IU >U but it would
1 ' 04 show von' yT IU;,k, l,A,hu ,ln,wi"&"/which I now
ji f • * . }.° w*mt of poi fonuod paper id
, l.'"lsl"1,fh"e apparatus, which is shown on this
drawing adapted ;
A- It isnilapred to (lie ortlinary perforated paper,
l,y,l"! Atlantic & Paeilic Tele-
gtiiph Company.
'V1'0 aburactor of the perforations that
•nc made on that paper ;
Odin '-'—fdilferen, sizes punch-
, 7.6 a small hot'F to .‘.lot C"UiV!"e,,t "* “ d»»1'
;1,l!u l,u'fc,e ,IH,B serves to connect
t'V (,ots> and thou a dash is made I. v the use
of the current through all three. 0 .
n Li !" A' “ect0f ",0 t,m* together to make
“ix*.'1" '• "lo”' ,imi
A. Y. tl.»~ I. » £25
ivK' t.rff”'”' »“|'oa or
5TL*S*? «i ^“■“u«a r
have last described i „ea as to be di-
A. The battery circuit is • 1 of tlle key, or
verted .tUr"uf!vS “ml Jails the armature forcibly
transmitted at. will, ,, ..a; „„ as it is attracted
;rs«»“=>"4 ■* ,ni “ “ ”””■ ««
ated paper is di.i»« tHm,hes one side of the
I 11 pen or f'1 s J lt , tl , that side, it
magnets’- A- Yus‘
Q. U or '/' • A. • tiu continues to be
Q. Then, as the 1»1 1 0I,ul,en, which you have
drawn along, the mo d1tlie perforation, t >® lT58
just described, pusses “ » . bn tlie opposite
other pen tenches the pci a. Yes.
Si Q °C perforations then are alternate 1
££e is always a perforation either on one
side or theother l -A. A’is. ^ theperfor-
circuit through that pen 1 A. Acs.
Q. Anti Hint tihnsmils the current through Hie
other magnet ? A. Yen.
Q. Tlmt is, if the first current is tmiisinified at
G, tlie second current would be transmitted through
Gn A. Yes, sir.
Q- AVhon the current is transmitted tliroiigli fi.
1 ‘ the nnniituru marked V is attracted to tlmt side,
and when it is transmitted through G\ it is attach¬
ed to the other side ?
- A. Yes.
Q. -And in that way the reversal of the current
is elfeeted ? A. Yes.
Cross-examined by Mr. JMckermm. :
Youare employed at present, by the Atlantic
17b0& Pacilic I olograph Compnnv ? A. lain.
Q. In what capacity I A. Electrician.
Q. In the same capacity as Mr. D’liifreville t
A. I don’t understand the relation that lie occu¬
pies to that company exactly, hut I believe him t.»
bo also employed as an electrician.
Q. Don’t; you understand that he is relatively in
rank your superior?
A. Tlmt question has never arisen, and has never
been settled.
• Q. I ask what your understanding about it is?
A. I understand that we are associates in the
1701 neitll0r 0110 lieing superior to the other.
Q. Then you are of equal rank with him as elec¬
trician 111 that company ?
A. I suppose I should be it our relations were
clearly defined, but they never have been
company t l0D8 h" ■° yo" buun employed by tlmt
A. Since the Ifitli of September, 1870
Q. In what capacity? A. In the. same capacity.
Q. Have you, over since the 15th day of Septein-
her, 1870, been- employed by that company ns elec-
,ricia”l A' employed before that?
.,,i vesni’Ct to elect! icit) • 1762
" That is a di.lmult question to ^ ^
O No, it is not I should think. » u
or ara not, and I suppose you know ! tfc
Claim to ke theoraticidlj noil „ot hesitate
cause you to pause ? tmth exactly, that
A. I am -tryn« o^ 0* theoretically,
’ «•«» -«*>•
them to telegraphy • - • equally well in-
Q. .Do jam suppose that yoiin ?
r‘"r Not’! lorcign telegraphy; on American I
matter ‘
speaking now of sciem ^ wUether they are ap-
aider youiseU ecimil j1 only getting at
W? “ s»noS'l «'>"k 1
&&3S^***
Jmo?roeq""lly'ren ,"fori"ed witl* Mr- T)' rnfra-j
A JTnitlly, perhaps, an equal to him in that m
Kgs,* . . . . ;Z“r:z
1W6|„S„ ST'"’11" <lR,Wing H" «»*« l‘l..okl„,:.rd
VotiJh° 8yveni hJ* drawing was in-
iitul, according to my best recollection some
“»«- m «•* . .
. .
tssszsss*
. . . . . .«
dill 'i'"'"” :l <1n'«‘i"g simlliir n.
as it is? ' k 0,1 1,10 blackboard, just
•in Ml! ? *
"gQ iou"],mve",e,lbL‘r thc‘ oxnct insf«iit.,,Le ‘ “* *
to,,™"0"' H,nt pm ts or it existed.
(Question repented.) •
A. No sir.
jiirommllon o,
he. A. No. Mr' Wheeler didn't, did
2:
"’hole of the
son Imd himself to do with it, so far ns the applica¬
tion that- is suggested is concerned. ,
O 1 mu not speaking about this application oi
the device th .1 'my body suggest, d t am asking
von who put together that design shown upon tin.
blackboard, whoever furnished the elements ^nh .
Who were the gentlemen who co-operated in put¬
ting together the elements of that cmnbmnt.on
shown upon the hhteklioaiil !
A. Mr. D'lnrrevilleand myself.
Q Who were the inventors of it, anybody else .
A. No, sir; I don’t know that there was.
Q How long did it take you to do it?
A. We had little or no invention to do; it was
a simple application >.r well known things, and it
t0QC How'hmi'did it take you and Mr. D’lnfre-
vi£ i the time you set out to do it, to bring
together the elements into the form shown on tl.c 17(J9
blaekbiMi the arrangeineiit and apply the
different devices and put it on paper, must have
Mr. n’Tnfreville, to make this invention. Who
told you to make it?
A Nobody told me to make it. .....
Q It was a kind of spontaneous . ,.1.. bastion on
voiir part?
‘S:Sjust thought you would do it without ^
liaving any instructions to do so .
q’ You never- heard that such a thing "as le
qiiircd ? suy t,mt. i had a suspicion that
perhaps such a thing might be repined.
Q. Generally?
£ You thought you wore making, an invention
in automatic telegraphy?
Q.' iwflwtl,? W“ ,lmt b" uwftil.
,Ih2'M" 11,1,1 il sllsPieion Hint It nilfrht I,,. Ilsi.fl|
A. Yes, sir.
unsuspecting Mi'liiVl # ' '* ** *'**^ 11,1,1 -suspicion i„ your
q nii'* 11 myself.
A. Y,!s." ' k"" ftbsorptloi, process ?
°,r -wio,.
2770 ,'n,M|1 «.f „le At . ^'Kr0::: ."'-mv
Mu- city, lmc 'annus drug stores in
’":u'hl‘,»‘- 1 m l" ‘II, ‘,7,',!' ' "/f, ‘ / 1 ' ' ■ ’ ‘ " < i > f-^ of the
ll1" ‘‘Iouk-hi.s of , J- so. ’ *',,Bre ,li'1 .von get
u filing I. light I... usofuMuThi'1'!-- ,hil' l",ssi,,'y ‘sucli
T i"”
, „ <t v.™ mX’cj -r »■«
77,3 i hut "toum bB a so,.? „r « sinm w s,"nt,,,,i"e «i>
' q. *£ s-t; r
tl"!t ’JW'M «tnt I his J.stTo.f (-"''If "1' “"“O'JiW
A. T thought I was gut ting up n nmchino that
facilitate their business, lmt whether they
ImiUl it or not, of course was beyond my ^ ^
Q. You don’t mean to say that you thought you
getting up. such a tiling as that for use in their
do you 1
A. I thought it would probably facilitate their
business if they had a rigid to it.
Q. lam not asking you what you thought they
had a right to; Iain asking you, it you thought
you were making a combination in practical tele¬
graphy that would he applicable to or useful in the
business of the compnny by which you were em¬
ployed ?
A. Yes, if they should find they laid a right to
uso quadruplex.
Q. You have not applied for a patent, yet, have
you ?
A. No, sir; 1 should not call that an invention,
but an application of well known tilings.
Q, Is that a new combination !
A. it is new so far as I am concerned.
Q. Didn’t you also have in your mind, or brought
to your conviction, the testimony that lias boon
given in this case, when you were concocting this
little g t
A. It may possibly have been brought tr
afterwards. , 1
Q. You had heard the testimony, or read it,
hadn’t you, in parts 1
A. In parts, yes ; lmt very little.
q. This was an arrangement, which was made m
view of certain parts of the testimony, wasn’t it I
A. The way of putting it together at Mr.
AVheelor’s oilico was ; but the original design of
<542
oufJ'S ,V°", ,irst <1',siS»'*'l 't it was a
,t7:n,!r;;;;,ony rw,ch ,m<i 'i*™ ^n'L, ?
^77;,^;-- - v;;-
ll.H.ll'.i so *5 "I’°" •,"l"',,‘5 1 Hioiifch* it
.11 .tar IV.1 . . I‘»~
Q. V™ l„„l I, . .
rsuspecled Unit it might.
A No"^1"’1 ra,"iw to ,H! “‘W H.n.. ,li,l you ,
tiiminr ""imu" ,tr"'"s ,1onu !lftei' looki"jr i" Hu; (es-
" lu-tlu.r tli-i, mu i,S v t,le r»l-t*ter question,
1 1 *8 llii»k ihTn. w®, "'i ,'“1 I
-atsayr*- .
ll'if! Il,;tn| (,|. „.;„i; S ’ !"»
ixilijahr. 111,0 tl1" nwsllwi of wlm.it wotlia
Won I HHlTyoU Ih^wIhIi'"" t,lnt‘ Tll° al,cs'
iug t. eni there together unless the picture w
tended to either refute dr confirm certain portions
of the testimony ?
A. The object of. it might have been, mid to the
best, of my belief was, to make certain combina¬
tions deal* to the Court as to the application of au¬
tomatic to the quailruplex.. 1780
Q. Was it t o li 1 ortions of the testi¬
mony, or to refute some portion of it?
A." I did not know at that time.
fly the Court ;
Q. Do. I understand you that the combination
which the figure represents is all application of the
automatic to the quadruples? A. To case 00.
fly 31 r. Dickerson :
Q. The object, that you had in your mind in tes¬
tifying to that picture was to show that the gen-
end principles so called, of using the reverse cur- 1781-
rent and increase current, was not. common to the
Kramer method and to the Kdi t •t
U A. I didn't understand that that was the object
exactly. . ,
q. That was a part of the object, wnsn t it.
A. I didn’t understand it in precisely that way.
Q. Then that was no part of the object?
A. 1. shouldn’t like to say that.
Q. You never heard that question suggested un¬
til I suggested'!! to you just now?
A. Yes, 1 have heard it suggested. . ■ l782
Q. This was designed to do one th mg or tile otliei ,
to show that it was substantially the same or that
■ it was not, which was it?
A. 1 understood the questions asked of: me. amt
which l answered were— , .. .
. Q. I am not asking you about the questions that
were asked of you and answered liy yon ; I am ask¬
ing you for the object; which' you had in view.
Wmsm
When you wore preparing yourself lo t'estifv in
i egurd to tlm tjlra wing y„« hndsomo idea in vour
imrnl, limin’ t you ! A. Yes. •'OKr
; Q- ' r,l»t «»s ii drawing to -show Hint Kramer’s
wliieJi'wns'il/ Klii'son’s’ ,,r l,"'t it was n„t,
1783 A. I didn't consider tlmt view of it, at nil •
understand Hint either «,f those points wns to be
ginned. 1
.. 1 Wl11 'V'"1 lo .voir from .Mr. D’infreville’s tes-
.timony on this siihjeet. On pages 1 1 -I and 1 13 this
question was put to him by the Court : “ | undor-
tl •v1°'.Ho sa>: 11,111 ** versing the poll. ri tv cur-
“ iK-.."int Vn.‘,lt‘i,S1,lg "s i,‘"!llsilA "ere used before
‘•sKaii’at Jo;:::,;;:;*" ,n *«••>
“ «,o ■ .TlluJ',"'eru ,,swI '<» •nrasn.il at the same lime.
• » I (viliTT ",oru c,,!,,p,.v nnderaloiHl
1784 „ •' ’ Mu* reversing the current and inereas-
18(0; but the manner of using these reversals
:: ;£j, v'ri,se •mKi
„ s"°" 11 1,1 1,!). "’ere not, known, f mean the man¬
lier of using the . is shown in ease 111).
By Mr. D/cienoHi
1785 :: 2S " t," !:■
„ tl,,eo relays, but in ease 00 they have two
distinct and Independent receiving iiudruments.
By Mr. W/wcloni:, .
“tlmt' 1 ",Mlo,'8tmMl TO., a right, you sav
“the other "or’ old^oife is1|J,'8ttin«"islmljlu
345
“ Q. Adding to and diminishing the quantity or
“intensity, sends the message independently of
“ the reversal l A. Yes,
“Q. The independence of th$so two keys and
“ receivers from eact other was the new quality of
this patent J
“A. Yes.
“Q. That is all the novelty of it? A. Yes.
“ Q. Tlmt is the whole of it ?
“A. Yes : there were some improvements in in-
“ volition in the new method, to avoid some trouble
“which arose from the use of the new system.’
Q Do you wish to contradict that or admit it?
A. I don’t see that I ought to do either.
Q. I propose to have you ; that is wliat I liave^
(Witness looks at book.)
A. I have not considered the subject in that
light very long, but I should be compelled to agree
with Mr* IV Jnfrevillo, rather than to disagree with
Q. Then you agree with him, in so far as the an¬
swers to these questions are concerned ? -j i-
A. I mean in this case. ...
Q. Then you agree wjtli him, that the indepen¬
dence of these two keys and receivers was the new
quality of the Edison invention 00, and that is all
the novelty of it? ... .
A. I don’ t get the meaning ot the independence
of the two keys and receivers. ,
Q. This question was put : Adding to and
rm
“diminishing Hie quantity or intensity, sends the
“message independently of thuruversiil 1
“Q. The indeiHindenee of these two keys nml
“ j'J-’t’eivers, was the new quality of this patent i
“Q. That is the whole of it ?
^ You agree to that don’t you t ;
Q. I "ill ask yon whether yon agree with the
testimony of Mr. Edison on page dll which I will
read. I lus question was pul to him : “ Now lake
your claim as you make it, will not this l»c the
^ exact uistiiiction between K miner’s methods and
^.tours. I now read from Kramer’s claim : “Trans-
•nutting two distinct messages from one wire in
1700..'!"-' direction and at the same time by
changing t he polarity of the tRinsmittingcuiTeul,
‘and by incicasiug tor decreasing the tension of
"current'
_ »«, «ir ; that would he Kramers, provided
“yon strike out the word “distinct.”
“Q. Then 1 strike out the word ‘ distinct,’
A. Because, in Kramer’s device, they would
he very indistinct.
Q. Whereas, yours is transmitting two dis¬
tinct messages over one wire in the same dire.:-
. bon, mid at the same time, one open, ting by the
neni (1 ™vor»“l of the battery current, and the other by
1 <0 “ teryT"”8 Y^eCmi8i"K tl,e from the lint-.
“ Q. That, is the difference t A. Yes "
Q. Do you agree to tlmt,.or do you disagree with
A. I agree with it,
Q. And that is also true !
n ')est of niy -belief.:
Q. lids mncliine of-Kmmer’son tlte blackboard.
547
sliows simply wluit we call “ duplex,”— two from
one end !
A. Double sender.
Q. That is necessarily capable of being qundru-
plexed from the circumstance of tills duplex ?
A. That timing n nt ill be duplexed, I be-
lievo ; T have not tried to do if,
Q, But at that time, way back in 1854 and I800,
qnadruplex .was described by Bosschn, Kramer
and otliers, because they had the instruments that
would send duplex ; you know that historically, do
you not ?
A. I know it historically, but not from tlie fact.
Q. You know it as a matter of record in the
books? A. Yes, generally.
Q. And that the problem or quadriiplexiiig was
then solved, when this duplex was made; it was so
stated by the early inventors, was it not ?
A. [ consider that the problem 1 was solved, but l p;
don’t remember that 1 ever saw it so stated.
Q. The fact is, it was? A. Yes, sir.
Q. The problem was solved when duplex was
once made? A. Yes.
Q And before these things were done contra-
plex had been invented by Krisclmn and others <
A. T have so rend.
Q. And tlint principle of cont. iiplex is applicable
to any number of sending instruments. It you can
arrange 1 \ number or sending instruments, and
to receive at the other end a corresponding num¬
ber or receiving instruments, then you can apply
lliocmilraplex principle to the Kramer, as well 1.
if there was only one sender ami one receiver .
A. V should think so.
Q. Therefore, Hit only question left to an inven¬
tor how is .0 make some modification o a duplex,
and then lie lias got a modified qundriiplex?
q. And' when Edition modified that duplex, by
leaving out one of the thiwrelnys, and reducing it
to two, using Hie reverse currents and increase cur-
rents, lie Hindu ii moililienlion of the duplex that ini-
proved llml, instrument!
A. Yes.
Q- "’hen did yon lirst hear the expression Mint
Q. You didn't know that it had been used in
this Court before you were u witness!
A. 1 don’t remember of having beam it.
Q. In the design iMl, when an increased current
is Unwins to make the signals, it is liable to be, and
Q. And then it nets upon its neutral relay, using
both the reversed and the increased enrrunts to-
. gel her i A. Yes.
I7f)(! Q- Alu* •I'n things are very thoroughly mix¬
ed together, are they not !
A| m’ i'1' ’ "nt Sll.v that, because they
Q- The instruments discriminate them, but the
tilings MlciiiscIvus, the signals, are thoroughly
mixed together, are they not ; the impulses or
waves of electricity are very thoroughly mixed, are
they not, on i lie line !
A. If r had to use the word “mixed.” I should
use it in a diiTerunt sense.
Q. Well, give me a better word and I will use it ;
I7<17tU 'gl 1 t 1 til little more Johnsonian!
1 A; » ineclianicnl mixture and a chemical
combination.
Q. You consider any coalition of electrical im¬
pulses is either mechanical or chemical !
A. I use that simply as a form or symbol.
Q- It is contact rather than coalescence!
A. Yus; that is nearly the idea.
Hi/ Mr. Dickerson :
Q. A current or wave of electricity or what
ever it may be (I suppose you do not know anj
more than 1 what it is, but it is called «- cnrrent u
electrical language) is passing over the ;
whole batterv course, and the operator, who want,
to operate his reversing instrument, proceeds o bom
a set of dots, tap, tap. tap, like that, while the tui
rent is going. Now, while he does that the cut rut
sways backward and forward through both mstru
ments, don’t it! A. Yes.
And the signals that are to be segregated In the
polarized relays are the same exactly, and a cm
bodied in the same wave with the signals that an
to be segregated by the neutral relay, are the)
n°Q. Then so fur as they are on the him they nr<
mixed together on the wire, are they not .
A. I should call it mechanically mixed.
Q The instruments segregate them . A. xes.
Q. That is just the same in Kramer s machine I
V L should not consider it so.
Q. The currents are mixed in Kramer’s machine
1,1 A^Tshonhl call it, in the case of lidisou’s ma
iSio”.s»sr"S.» o.ta.,
chemical cmnhination. . .. .ion oi
Q You think it is a chemical combination
the line ill one case, and the other a sen t
chanical mixture or combmntion A- ^ 8(J(
Q. You cannot see tliose tilings >
the current, can you !
q. Is°it not visible to the miked eye ?
so lar as you know, hy which tlu: quality or m
ture could he distinguished, mid if so) in wl
liook of authority do you liml Mint distincti
winch you now make ; I am now speaking of tl
mixture. Do you know of any hook or autliori
winch speaks of this mixture as being in one ea
a mechanical mixture, and the other case a then
cal combination?
A. I don't know of any suck.
Q. Now you said that you don’t know of a i
book in which I hat distinction is given !
"s 1,10 Kl“"»cr machine,
of l :L'., , -f ‘V re.Ceive tl,e s'Sna|s or any pa,
oi un-in b\ a single instrument, but on the otlic
bond, with an apparatus arranged like case !)!), vo
niigh! apply a single [instrument and receive ill
signals at will.
Q. Then I understand your distinction is this
‘ UU"L1 moclune as organized takes Mire
: • f> ,o segregate these ini])iilses ? A. Yes.
wifh two?"AJY,,fliSO",S i"S"'"mont h is (I°"
ofMie1,,,"-'S/lliU tothecharacte
of the mixture on the line ? A. I think so.
tore i T ?“k flmt sh,nv's " ^’Ifci'ciice in the mix
•Q. Kramer’s machine would segregate this me-
mixture just the same a.s Fdiso ’s v,
instruments, would it not? Ulison s hu
A. I don’t think that exactly.
Q- This drawing on the blackboard has two no-
larized relays It1 and It3 ; that is correct, isn’t it?
A. Yes.
Q. But on each of them, is in fact, only one-half
of what we now call a polarized relay ?
A. I think it might be so called ; yes, sir.
■ Q. And the reason is that, one has n north pole,
and the other has a south pole relay ? A. Yes. 1804
Q. The two being put together side by side ?
A. Yes.
Q. The north-relay acts on one part of the circuit,
and the south relay acts upon the other part of the
circuit? A. Yes; or another circuit.
Q. They divide the reversal between them, one
acting upon one polarity, and the other upon the
other? A. Yes.
Q. And in this machine of Mr. Edison’s, lie puts
the two together, and makes the one tiling segre¬
gate the reverse currents without dividing them
into two? A. Yes.
Q. And that is about whnt’Mr. Edison did, isn’t
it? A. Yes; I should call it so.
Q. You don’t mean to disparage Mr. Edison’s in¬
vent ion?
A. Not in the least.
Q. Kramer’s machine is a practically operating
machine, is it not?
A. You mean whether it is being operated at
present ?
Q. You put these two relays, It1 and H* right
face to face, witli one armature between them, and
make them do all they do there. There is no
trouble about that, is there ? ' 1806
A. I think' I see certain troubles that might
arise.
Q. Don’t you think you could do it?
A. I might by the exercise of some invention.
Q. Now, that machine is a practically operating
duplex, is it?
A. It would operate very slowly.
Q. It. is not as fast, as some others? A. No, sir. •
Q. It will send at the rate of 25 or 80 words per
minute?
A. I hardly think it would respond to ns high a
rate of speed as that ; I can see some trouble that,
would arise.
, Q’ Bllt n,oae t, ol,llles «' o ineidental to the slower
1807 processes of the electro-magnetic machine t
A. Setup in that shape.
Q. It is the slower electro-magnet that does it t
[Mr. Dickerson reverses the black¬
board, and the drawing of the wit¬
ness, Ex. V, is exhibited.] .
Q. You said, among other things, that in vonr
judgment, that machine set up. as yon have shown
on Jsx. \ , was substantially the same thing ns 01).
didn’t you ! b
A. Substantially, as respects the object tolienc-
1808 coniPhshed.
duplex i '1 'S fOSil,V’ i( semls quadruplox. and sends
A. It sends duplex.
Q. But it is the same in the sense in which you
use the words— substantially the same ?
word1 expame<1 fho Sl!nsu which T used the
Q. Kramer’s machine sends diplex ; is that
substantially the same as 01), in. that respect! •
"> >"« “ki“ '» '»
ieo».*.Sf £££&“. *'” "■ «*•*
A. As respects the object to be accomplished.
Q. Because they all send duplex? A. Yes
lA -V C0,,W n is that Ex V,
— razttsxssis
653
Q. In respect to sending and receiving, it is sub¬
stantially the same in the same sense that Kramer’s
machine is, isn’t it ?
A. In respect to the object to be accomplished.
Q, I will show you E XvP, which is Edison’s auto-'
matic quadruplux. You have seen that before,
haven’t you I 1810
A. I have seen it, but 1 haven’t studied it.
Q. Yon can tell what it is in a moment ?
A. No, sir, I cannot ; it lakes sometime to study
anything of that kind out.
Q. You sue in looking at it that it is an automatic
bridge invention, don’t you'!
A. It looks like that ; I will not say that without
further and closer examination.
Q. You have no doubt that it is ?
A. I should liku to study it a little more before
l answer. that question more delinitcly. It may be
something else, but it looks to me like that. jejj j
Q. I will call the attention of the Court to it,
and I will make an explanation in the form of a
question which you can answer in the affirmative it
you assent to it or otherwise. That apparatus in
the left hand upper comer of Iigure7, represents this
fact, beginning. at the pointer acute angle to the
left, the current from the battery, when it reaches
that point, divides into two parts, one part of it
goes hi' the upper line out to line to the other end,
and the other part goes by the lower line marked
K«, coining to tlie intersection of the vertical
wire, and thcn.it goes through the vertical wire to
ground. The current that passes through in those 18 12
two directions will pass in the inverse ratio of their
conductivity, Electricity does not use the shortest,
cut to escape, but it goes like a river emptying
through many mouths,: each of ‘those mouths tak-
ing u portion of the stream in proportion to its
conductivity of the water ; so electricity goes in
proportion to the conductivity of its outlets!
A. That, is correct, with the exception that in the
ease of the mouths of the river one may empty
m
more Mum another, according to its capacity for
con dueling tlin water.
■ Q. The whole thing goes out by the millets in
proportion to their conductivity I A. Yes.
Q. Then Mi-. Whoatsone discovered this law, and
a very beautiful ami interesting one it is, tlmt the
181 3 proportion between the resistances of the line lie-
tween the point where the current divides, mid the
point where the cross bridge or cross wire inter¬
sects it, and the. resistances between that point, and
the earth, is the same proportion as that which ob¬
tains between the resistances beginning at the sep¬
arating point and running down the wire towards
the ground, until we reach the point or inter-
section again, and then the resistance goes from
that point of -intersection to the ground. If the re¬
sistance or these two lines are in the same
proportion, then no current will pass the bridge. •
1814,ll"is, if the resistance on the upper line
be 1 between the intersection point and the
bridge end, and be 2 from that bridge to the
ground, and the resistance from the separating
point to the lower end or the bridge be 10, and hom
the lower end of the bridge to the ground bo 80,
. " '"'es of the two resistances will lie the
same, one will be twice as great as the other, and
unde,. H , „ „ , ts „„ ullrr6llt wi„
bridge; that is correct? A. Yes.
Q. Therefore, by putting into ‘the bridge an in¬
strument of any kind — a relay, and sending a cur-
th,° 8e,ulI,,S °»<1, that relay will not. be
lSloeflected by the outgoing current, because it is pro-
tectedby the law I have stated? A. Yes.
ttosim -y "‘i o'struniont in the upper corner of
guro 7 shows the two nutonintio receivers in the
tl fnH,0110^ }v.u<;'.1'8 “diluted by reversals, and
the other of which is actuated by increase <
Q. So that there is a chemical automatic quadrii-
plox as shown in those pictures ? A. Yes. ■
Q. I also show you another patent, dated No¬
vember, 187-1, which is Ex. N. That patent, you
will take notice was issued to Edison and George
-Harrington, and that, is a contraplex chemical pat¬
ent, using only chemical senders and receivers like
the automatic ? A. Yes.
Q. So that you have in existence here first a
patent to George Harrington and Edison for an au- 1810
lomutio contraplex, and you have also in existence
a quadra plex automatic developing the same idea ?
A, Yes.
Q. Taking the quadruplex, that will send four
simultaneous messages, two each way, each one
going as fast as ir it was sent wer a single wire
without any quadruplex lit all, wouldn’t it?
A. 1 think it would, but 1 have not studied it out.
Q. It ought to, theoretically ?
A. I think it would ; in my judgment, it would.
Q. There is no reason that you know of why it
should not? A. No, sir, with one exception, to lgl7
which I would like to call your attention Tor infor¬
mation. In Ex. P there is no shunt.
Q. The shunt is a well-known device? A. Yes.
Q. Put in Ex. P what is a well known device.
Would it send four simultaneous messages, two each
way, as fust as one message could be sent over one
wire on the Bain plan ? A. Yes.
Q. And the other one a duplex, would send
two in opposite directions as fast as one could bo
sent oyer a single wire i
A. T think it would ; my opinion is it would.
Q. That being the stnlo of I ho 'nit, having those
chemical qmidruploxos and chemical duplexes 1818
capable of sending, wo will take your lowest figures.
fi()0 or 2,000 words over one wire—
Mr. Wheeler.— Wo didn’ t say that.
lit/ jl fr. Dickerson :
Q. When you said that you could send BOO words
Wrnmmm
ii niiniili; by your machine, did you mean in t
regular course or business, practically ?
A. Yus, sir, in iiractieal business.
Q. Your men stand idlu three-fourths of the tim
don't they ? A. No, sir.
Q. They stand idlon good deal of Lite time ?
• A. It depends verymncli upon the amount
business to be done.
Q. On an average, how much timo are they ei
ployed. V. hat proportion ? They spend a got
“ , oClime leading newspapers and niuusingthcii
selves, don’t they ?
A. No, sir, they are not allowed to amuse then
selves; they are unemployed some or tile lime
J don t know exactly the proportion.
Q. A good deal or the time ?
A. A certain portion of the time tiler lire.
0- because, the thing is so fast that it dost
l-'O ! , ""smess out with a rush, and they are out of
job so to speak ?
A. It depends upon the amount of business.
V llliu,.v uiessages do you put on a reel !
A. h ive, generally.
Q. And you semi those messages with a jerl
oi er dm line, and when they are sent, and miles
. f s°!"° «l>'ers, the men have nothing to do
A. Yes, that is the ease.
tw „Aml •y.0V S(“'"1 tllel" "S'lt straight along ii
that way all day 1 A. Yes, sir
Q. The capacity is oOO to 800 worilsa minute?
oi nil! 5 wlro '""wtdy to dot hat.
A Yus' y0U lmV° lllU ljusincss for it?
Q U “ 1 1 1' x Ime would enable.
StoS *? f:ml S-000 <t minute ovei
, 1L 10 1 luladelphia, say 1,000 each wav at tin
r two,dd'S1,Ut;(1;, *
W- it would work that rapidly? '
m.tstbenoiiifoiHm,’t-'Vi,S "° There
must bci o "tterrupho,1 of the signals.
A°U tl,mk >'ou improve that capacity,
by tlie introduction or that mechanism there, do
you?
A. I suggested it as practical for facilitating
business.
Q. Your company has got possession of these
things, as I understand, this automatic duplex and
quiulruplex ? i
Mr. Wheeler. — I object to that question ; it has
not been shown that we are in possession of Ex.
Mr Dickerson. — I will state to my brother
Wheeler, that we do not claim that that is an in¬
fringement or our patent, and we would not enjoin
him from using it, and I will give a stipulation in
court, that the Western Union Company has
more intelligence than to claim that as an infringe¬
ment, and will give bond in 8*115,0(10, 000 that the
plaintiff will not be enjoined from using it.
Mr. Wheeler. — 1 would like that stipulation in
the record.
The Court-. — You must take it out of Court.
Q. Do you mean to say to his Honor that by
putting these electro-magnetic traps into;ihe organ¬
ization of the quiulruplex, you could improve the
capacity of the thing to do business?
A. lii my judgment, it would facilitate business.
Q. If you have the quiulruplex, wliich, as you
have already sworn, is capable of sending four sep¬
arate messages, two each way, at whatever rate of
speed a single message could be sent over a smglo
wire, did you mean to tell his Honor that that
thing put upon that blackboard could bn put up¬
on it for the purpose of facilitating the business of
tho company?
A. Yes.
Q. Therefore, having Mini, it would |)(! |o the in
ton.'st of tli(> company to put in tl i
tmps to improve thuir cn]>acity for business. Ii
tlml. what yon swear to?
jgo- A. I do, lint I would like to explain.
A. 1 don’t wish any explanations, I until
an nnwer to my question. My question is
tins: : 1 lit ving the automatiu quadruplux shown
on Exhibit P, and having in operation, al
Poston, a machine eapahle of sending font
messages as fast as one could be sent over a
sniglu wire without the quadruplux attachment, do
}ou mean to tell the Court that it would bo an im¬
provement of the capacity of those two things to
put Ibis mechanism or these electro magnet traps
shown on the blackboard into that organization !
■ • 4 1110:111 to say that it would facilitate thebusi-
et oir more messages a day by this
if you used the automatiu quad-
Q. 1 am speaking or anoidinary regular business
W; ; you think you could get olf more messages
111,111 if j on used the quadruples 1
A. Tn my judgment, we could.
(J. Ton stated to the Court that the sending of
signal '° K' from the receiving end, redimed
the capacity of the automatic machine 00 per cent.!
C)h ■ A. About that. 1
°",y ,ms 34 Pw 0011t. or the ca-
pautj it would have if they didn’t- send back “0
n v' At‘S’ or one-thhal.
A. In niy judgment, I think it would.
y. -that is a question of arithmetic, and wo will
•y to solve it ; that, is a simpler matter than the
mtdruplox i A. Yes.
Q. Would not tile increased capacity amount to
30 per cent, in place of 00 i
A. The increased capacity of the whole line.
Q. ft would increase the capacity of the line 280
or cent, instead of 00, would it not ! 1828
A. The whole line.
Q. You told tho Court, didn’t you, that the ca-
nicity of your automatic wire was reduced 00 per
ent. l>y renson of.the “ O K.T”
A. Yes, .on the signal.
Q. Then you told his Honor, if you get rid of the
‘O K” difficulty, it would increase tho capacity
if your wiru.00 per cent., didn’t you t
A. Yes.
Q. I am on a question or arithmetic now and
milling else. That would increase the capacity of
he line 280 per cent., wouldn’ t it, instead of 00 per
lent, 1 am merely testing your arithmetic now 1
A. T don’t see how you arrive at that.
Q. You don’t see how that, is done »
A. No, sir. .
Q. That is simpler than the qmulrtiplex, isn t it i
q' Your machine is reduced to the capacity of 34
minutes in ion. If you took away this hindering
cause, then tile machine, instead of having a capaci¬
ty of 34 minutes in the 100, would have a capacity
of 100 minutes in 100 t .
A. Or course it would increase tho capacity of the
• machine. . . l8a0
Q. I did notask you that; a man must have a
knowledge of mathematics to bonn electrician.?
A. Yes.
Q. And a pretty good knowledge l
Q. Now 1 nsk you tho question whether nil
cease from 3-1 to 100 is not. an increase of 280
emit, instead of (l(t per rent. ?
A. I should say there was a difference.
Q; Between what? Isn’t tile difference an
crease of 28.) per cent, instead of (to per cent i
1S31 A. When the question was presented to nit
stated that tliu capacity at the line was reduced
one-third of wlml it would lie if (here was not
necessity of sending O K '
Q. That is its present condition. If j
could remove that difficulty, its capacity would
increased 00 per cent., or 280 per cent., which I
A. It would increase the capacity or the line 3
that amount ; 1 cannot name the figure withonl
calculation
Q. You have just staled that a knowledge
electricity requires a knowledge of mathematics
Q- Schoolboy arithmetic, such as we lea run
when we were boys at school ?
A. ,Mv meaning was, that we only got lot) word
per minute, and that if the necessity for sendin;
, “id 1101 exist, the capacity would lai incrcas
«<1 three times, and we could send ■lot) words 0
thereabouts.
Q. So that, instead of increasing it (to per cent
it would increase it 280 per cent, or 300 per cent
upon your last hypothesis of ISO to -ISO ?
1833 A- 1 lmv« "sed the words 00 per cent, and 3 ni
; iC ‘'i 'S il ",istak,,> h 1,!ls nothing t<
do with the actual business done.
Q. Your testimony don’t affect the actual bus!
ness done or the existence of electricity, but! am
now testing your capacity as an expert ; would
this be an increase of 00 per cont or an increase
of 300 per cent? A. An increase of S.
ion don’t know whether it would be an in¬
crease of 00 per cent, or 8(H) per cent ?
A. I should have to figure that.
Q. You are not able to answer that question ; you
are not capable of answering it. ?
A. Ia'111 capable of answering it with pencil and
paper, after I figure on it.
Q. Bo you still insist that it is an increase of 3 ?
A. .It is an increase of three times. 1834
Q. Then it is an increase of 300 per cent, instead
of 00 percent, or an increase of three times instead
of 3? * . , , •
A. Yes, but that mistake doesn’t affect the busi¬
ness actually done.
Q. Then that makes the capacity of the machine
greater than ever— three times, in .place of 00 per
A. it makes it the same us il was before in my
own mind ; if 1 have failed to make myself clearly
• understood, it is my -misfortune.
Q. Tn point of fact, then, if the necessity of send¬
ing O K were removed, the company would be en-
alded to do three times the business it now does !
A. It would lie enabled to send iiOl) words instead
of lfil). • . ..
Q. That is more than three tunes? A. ves.
Q. That is nearly 3j times ! A. Yes.
Q. A very valuable improvement to put on that
machine?
A. I should consider it so. . • ' . "
. Q. When a reel of messages is sent to the other
end of the line, it is necessary to send ajs gnal back
is it— the Morso people don’t do it, do they t
A -No, sir; but. if it was t s it l 1 H igSO
operator might send the next reef, and might have
to be stopped, and thus time would be. tort,
Q. It it. was understood that he was not to send
it back, the sending operator could go right 011 w ltli
the next reel, could he not ?
A. He could; but if would not bo sate.
Q. In what, respect would it not bo safe
A. He might send the next wrong.
Q. You have got, if you please, a dozen opera
tors to prepare strips, nml you have 20 to keep the
line going ? A. Yes,
Q. It would take 20 operators, would it. not t
A. It would taka quite a. number.
Q. Tt would take 20 operators to punch the
paper, in order to exhaust, the capacity of your
1837^”e? A. Yus.
Q* Now, your lirxt . . has 20, HO or -10 on his
reel, and he hands it to the transmitter, and he
Q. Now, your Mrs
reel, and ho hands
rushes it III rough fe .
Q. On your lin^yo
receiver i A. Yes.
Q. Which you cut
have a Morse key and Morse
nal, get ready, don’t lie' Yes.
Q. I hen tile receiver puts his receiving inslru-
mont in readiness for aetion ? A. Yes. sir.
8 (i- A|ul *••<* his paper rolling ;
A. Acs; when lie has received the signal, O K.
Q. Now when you have a ipiautily of messages
to send off yon say it is convenient for you to have
information at the sending end that, they have not
got spilled or lost anywhere ( .
A. lii business that is necessary.
Q. Then, for the purpose of doing that, the man
at the receiving end switches the Morse key in.
don t he ' A. They usually use the Morse key.
Q. He puts Ids linger on the Morse key and ‘tap*
it thus (illustrating). •
183it A- ^’he, lirst thing done is rot- the receiver to give
the signal received OK, and the sender sends back
oi taps the key to show that that OK has been re¬
ceived.
Q. Tlmt takes about a second, don’t it ?
the signals ' '0"gU1' t,"m tl,"t ,0 m!eivo ,,wl soml
Q. A\ hen you get through what- you nne semi-
other business*' A' Tf tll0IU is 110 oHlo,; ruo1 ,,,,a
6 03
Q. Yon come to an end of it somewhere 1
• A. Yes, when there is no further business to lie
Q. AArhen you get to the end of it there is a stop¬
page ? A. Yes.
Q. Then the mail at the other end gives three
taps? A. Ho sends the signal. 1840
Q. Three taps? A. AVlmtever is agreed upon.
Q. Or fi taps ? A. It has to be definitely agreed
upon.
Q. Say it is B taps ; he sends back fl taps OK ?
A. Yes,
Q. That can be done in less than a second, can’t
it?
A. If he simply does that without doing anything
else 1 should think it might.
Q. AVhen the sender gets his reel ready to put in
hegives the signal OK ? A. Yes.
Q. And then you send another? A. Yes. 1841
Q. And that takes Cl! per cent, of the time of the
line to semi back those two signals !
A. It takes J of the single minute ; I say that it
reduces the speed to ISO words per minute.
Q. 1 ask you it the sending or these two signals
takes 00 percent, of the time of the line?
A. I said it reduced the speed to 1B0 words per
minute.
Q. This signalling OK is n matter of precau¬
tion? A. Yes.
Q. In the course of your business your are send¬
ing off reels, and you take a certain time of the
line to signal back OK; I lie question I ask you is, 18-12
whether you mean to tell the Court that the time
occupied in doing that occupies (50 per cent, of the
time for sending messages by the automatic over
the line? A. 00 per cent, of the minute.
Q. Of what minute ?
A. Of tlio single minute that I talked of.
Q. We were not talking of u singlu minute?
504
Q. Tam notnsking you whether llio time omi-
1>,<!,l:i,s 1 ll!lvo mentioned, lakes (HI per cent of-mv
pnrlMiilnrniiinit^ hut the quest . . p„t lo voll
ttoHonVVn" ,H!,“lisSi,,T''<>,,seq,iem:etlint you Imvc
,, V"- I understood the witness to say
to the tninsinis "J ' r’ I'Pproprinled
‘ messages was eonsiimod hv
question whStoUmS'*’ ,M,k ",is
the mess-ore • 1 ” ' ,ml 1,0 assumed that
eontrirv ‘"V transmitted until the
sarv to se'nd iellof'n'i'01 I*'*" 'V0,<ls’ 'vl,-v if is '"Tes-
tionvait until so °K U is al1 ««l»t ; why
>«ck word that 7 ts *|| ' ' fe \ 1 i‘"'1 ",on
ISeisignais'thiaarol^' " lllout interrupting the
fyl Mr Dickerson :
thS/w'™* l,leak H,° ,nonK!m hu
1 “-■•t-'i- it
c.m'unt'is broken i' aJ' yJs. ‘° l<!" ,lu’
A. Idon’Tknow t0ll‘tal0S ro,‘ ‘"U'lty years (
Q- Many years ?
1840 A There ‘have been tell-tales used.
W. e or many years > \ u
Q. You have a tu | tub, o°"‘u Years,
haven’t you ? A. Yes 1 1 ,u SB,l,h'ng end,
end telegraphs anuhint re<;0*'|01' at tl,u °t''or
he? 1 Uu"hr « wrong he breaks, don’t.
could noVbe’sont tU° 11,10 "’aS broke" tho «'gnnl
Q- Butl—«ld know the line was broken,
Q. You are an operator, nro you not? A. Yes.
Q. Suppose yon are at work, you see there is a
m< n in i g d you infer that some¬
thing is wrong somewhere ? A. Yes.
Q. You break don’t you ?
A. Yes, sir ; wo break.
Q. - What happens at. the other end of tile line? 1 84l>
A. I would press my key, but in ease of a break
in the line the signal would not be transmitted, and
if an operator was sending a message on perforated
paper, and were to gut no return, signals be might
continue on indefinitely.
Q. That would be just as true if the qundruplex
was used ? A. I don’t think it would.
Q. The sender would know there was nothing
going ?
A. lie would know there was nothing being re¬
ceived.
Q. When the line breaks the tell tale shows it
instantly, does it not? A. On the automatic. '8*7
Q. Yes, and on any other !
A. It does on some, T don’t see how it can be
done ou tlie automatic.
.0. You have a tell-tale in the circuit, haven’t
you ! Q. We have a sender in the circuit.
Q. That indicates to the sender whether the cur¬
rent is passing, docs it not ?
A. Not when you send very rapidly injautomatic ;
1 cannot conceive of any arrangement by which
that can be done.
Q. Do you mean to tell t lie Court and me that a
tell-tale ill circuit does not inform the sender that . jg4g
the ci rcai it is broken somewhere i
A. It'iuight do so if it worn properly adjusted.
Q. And that is wluit it is there for ?
A. That is one thing. '
Q. That is one thing that it does, doesn’t it?
A. It may.
Q. In the regular business of telegraphy the tell¬
tale is there for the purpose of informing tho send¬
er thut tho line is broken isn’t it?
GOO
A. Tlint is one of the objects.
ly mljnsioj1}'1'11 1,e'f0r,n ",at0ffi,:° if " h
Ycs! no nceident happens lo if.
Q. U performs ll.s.t ollice if it is propwly ndjusP
f A. it, will.
Q- And ir some marauder conics along ami nits
t . .
J on t hat there is n break somewhere ? A. Yes.
Q. And Unit would lie just ns ti ne ir yon hud -i
qnndnii’Iex orn (inpiex, wonldn’tit? A. Yes
ei v fo r Z no/'"" ?,ll,1.l,0t 1’"' "» niacin,,.
A. No sir 1 °r eul11"8 ",1“ 'nfornintion ?
Ymilmvo,!! /V "°n S°, to where we left off.
A. io, sir ; I don't.
«s iSoPaapsr . .
. «*»>.
ir si:, " L ' ■ ,s " ■ ,f«« «»*. •••»•'
O -'""Adored relatively.
“ *r«* ■ t 1 5® Si ? ,k’° hvo “i'vs ,,r
Q Yon",! h',k° f °f "mt '">« day.
1851 work of sn v O 'h 0n ^ 'work'0 ' ' ’ tlmf t!lkin« 11 ,l"-v’s
•he line, six- In, L ^ ,fllu . . icily of
K book ? °’,la •b,! oc°npied in getting 0
O wi1"'1!?" to say that, „o, sir
i:
mum of business tlmt l hilion or tlio mnxi-
use of the signal OIv nml°f ' JL llonu 'v,t.iiont the
"nd by „,y ^'''"“t-ial observation,
tually done. ° ‘ 10 " ol'k that was ac-
Q. Who got up this little piece of testimony be-
loro you wont on the stand. It was discussed be¬
fore,' wasn’t it?
A. The subject was discussed, yes, sir; T don’t
remember that the exact amount of time was men¬
tioned ; that is an idea of mine.
Q. That was your idea? >852
A. Yes, sir; if it is a mistake it is mine, and I
am responsible for it.
Q. It is a mistake, is it not?
A. It looks to me so, but the fact which I intend¬
ed to convey remains the sntiie.
Q. Tlie unfortunate way in which you have put
it, gives a false impression as to the fact ? A. Yes.
Q. You understand that drawing better than
you do arithmetic, don’t you ?
A. I should hardly like to say that, but I was
going to say that because I made a mistake in an¬
swering a question that was put to me, it ought not j 5.-3
to be inferred I am entirely ignorant of arithmetic.
Q. I know von are not, for you have shown that
you can add 84 and 00. What you said about
that drawing in your direct examination is correct.
A. To the best of my belief, it is.
Q.. You never saw that thing work, did you ?
A. Yes;
Q. You have got that very thing up somewhere?
A. Yes, with a slight alteration which I do not
regard ns essential.
Q. AYhen did you put it up !
A. It was put up Friday or Saturday evening. 18o4
Q. Of last week ? A. Yes.
Q. It worked first rate, didn’t it?
A. It worked very nicely.
Q. About 1500 words a miiiuto i
A. I have not tested it as to tliu exact number.
Q. You said it would ?
A. I said in my judgment it would.
Q. You have tried it ?
wotidir ,,of' t,ie<i th° ex,,ot n"m,,w ot "-olds it
O f„°" d"l,1’t 1),,f i( «" the line i A. No sil.
with it » • 0,1d8 pei minute you could send.
O uT “ ’?• !0,tust so'»« principles.
A. Tt a,dn * '*<»'• fast it would send ? ,
Q- Why didn’t you try it ? I
1Rr„ a ^,r;,f,^yoHdw,i’t^^
1850 Q Ym’v,!' fc?' lt !ls -P"*
«s fast i s i dl H, ",,y <lo1ubt bllt "'at it would run
them Imve .“Ini B n,oohnn,“I ‘«'l* "ere not in
Q. An tiint'mm!/1- <lo"bt,; 1 tbink it would,
hnvn |i.,,l 'aelunory don’t slow it nnv. We
without any nulohiiim? w 1 n°T r°m"tic telegmi.li
n minute Mr T)’ r„r ^ ’ .\,011,^ deliver 10,000 words |
A. Yes. Ilils told us that I . . I
Q. 'i’lmtnmchiiiewilldo of course?
Q- Wily do vn ^ hk° t|° anj' "-''"'out trying.
1857 A. Because I suw^hi?' t,,0r,":i“,0»t
Bom doing so; believd h S "-1'ul‘ Prevented it
applied, would send that 10 "m,! n"e' if Properly
Q- COO words a mi,,.. to? A. Yes
•o^ft^aSSfSr* •0lay 0 "'0„ld have
wouldn’t it. A I don’t «1°° aJ8’m,a l>er minute,
Q- Relay O is \Z T°, ”**”*«* it.
hngtrap arrangement ?t teS tho siSm'ls on your
A. AVo wonld continue to receive signals on
chemical paper, and not on a bugtmp.
Q. You think if you left out the mechanical part
of it, you could get a current that would operate
chemical paper on strips ?
A. I regard the bugtmp as a response ; if you left
that off, it would make no difference one way or
the other.
Q. When the current of electricity oomes to the
point X on this drawing, then you have shunted it
around in two circuits, one through the neutral re¬
lay, and the other through the chemical paper,
haven’t you!
A. Yes.
Q. Taking that one proposit ion by itself, having an
ordinary Morse relay, you branch the wire before it
gets to the relay, and put the chemical receiver in
that. branch, and conduct that back to the ground I
A. Yes.
Q. And that is the problem ? A. Aes.
- Q. Precisely that case? A. Yes.
Q. And nothing else ?
A. With an ordinary electro-magnet, yes.
Q. You have told his Honor that that thing is ex¬
actly this, that having a Morse wire and a Morse
relay on it, you have taken a branch behind the re¬
lay, and have put an automatic receiver into the
branch ? A. Yes.
Q. Precisely that and nothing more ?
Q You have, no doubt, that you could send as
many independent messages over the automatic re-
lay, as if the Morse thing was not there ?
A. I would not like to say that.
Q. There is no difltculty about that, is there ;
you could make as many signals on the chemical
paper as if the Morse apparatus was not there,
could you not?
A. I think I could. ,
Q. A Morse relay wouldn’t do any harm wonld
it? A. No.
A Ncf ” Jr°1S° '°lny "’01,,(1 not i,ct> wo,lI<1 it
Q. P.'ltins it o„ would do no harm nnd no
good? A. les.
Q. And (lint is the way it is j„ this drawing Kx.
lfin ' . . Inn Unit? A. Yus.
’ to.n St-al°(I "mt tllu lnilSnut'0 will |, olp the an-
T : , TT H;wt’ did,fl >■•>« * A- yU
nnit'ic it { ' ‘,1,son’s I,ak‘nl improved „„,0.
A. T believe it to be so.
do2'tl,,,oyttli,nti0 * 1 ■ ■' -it.
A. They use it.
l°- "Mt «^»-*»"8»«t the
. >s Jli, 1 1 n .ike it a receiver, (lint does not do anv¬
il ig towards keeping it in the respect i„ which ‘it.
, * rto1 vou,,.!r*,,,vr i,,lE,u?o,,’s it?
ISC2 • 1)0 3 on nie.ui the electro-inagnct O i
Ve- aos. A. No. sir.
ealQ1'(.!.;.'iv':r1li,'Vi"a V. tho lower oho, n
f'tl , ; J ;
.nlSi.l;:i,l^\r.dei,u,,,is °n «» “>0^
A. Yes sir S ' 1,0 Slsm,ls> do(is it «ot ?
signals tol word ‘f,"" "l,;ru "••“’about 1C
V I 1,VW1S°. are there not?
thing close to It ° "V0,'"Se oitllel> «'»t. or some-
3B=S»3a»
Q You told tho Court that tins upper electro
magnet would work 500 words a minute ?
£ lt would work 1500 words on tho neutral side,
TvTSSrW- It. bn. II... b your H-. «
II 1.1 wort. »>' «iik1.. tb." m
"'o’ You think'it would do that, do you ! Perhaps
T^nhelo vo You said that by putting in he
Hughes magnet— A*. [Interrupting.] The Hughes
magnet was in relation to the transmitter.
q. That is the means of accelerating tlie
machine; you said you could do that ?
A. If I remember right it "as on t
‘TSSta the series ot the machine?
Q.‘ And by its use you would hurry up the
Tfone side — whichever side I put it on.
Q. Whichever side you would put it, you woul
nreolorato the machine ? A. Yes, sir.
Q. Y-ou know all about tlie Hughes magnet
A. I liavo studied tlie way hi which it works, but
I have never seen the magnet itself: wont.
pulin „..U .Ul», - «** It wg > f “ “
magnet with immense rapidity Id S
the particulars how it does it ?
rangement.
Q. A man might stand there and put it back ?
n 4-“ . .
>Q a* « :s5 lx/.,"
wlienwasit; « l»o (old you of it, ‘and wh“r0 c„a°t
srrr df^ <;,f
...Zit 'd "'",1 ge,ltlt,"*.‘ "bo arc posted
it ?i,aUoI!l !“'?Vl,e "»•«"«« posted on
I 'h-ive told in »»}' other way Mian
work it J.w , <’ I'f *V.’ l,mt nf,ur't bad done its
A. Or a' pS sS,gV" ,,0Si'i0" ^ «'«*-"«»* »
!«8ae?w£;"it'w!:,S "M.t m"la lest™ * >lmt. .11.1 not
A T I, ““"""S down ?
Mint. 1 ° 1,01 meil" I,e ""del-stood as saying
Q. That is true ;
tiling — (iVthor a'snriile ' !,?. I,S '"’'i".1"1 P,ace !“-v «ol»o-
Q jf, eannot l! 01 so,"ol;hing of the kind,
spriii" would iLwimi-!* -V.U 8I,rine> because the
pull n back * d coining down after it would
vibr ,te wit , « id t ’!° help it
rapid action by reason of tlie fact, among other
things, that.it is not raised by a spring 1
A. Its extreme rapidity— yes, sir.
The Court. — -The application of a spring would
retard it? A. To some extent.
Q. And when it does act, there is no way for re- 1
turning the armature, except some mechanical con¬
nivance, or you might have a man stand there, and
P’q 'do' you think that, would be a good thing to
put in a telegraph — to have a clock-work to put it
'"a! \t was understood there were some means to
put it back. . „ir
Q. Would that lie a good plan 1 A. Ao, sir.
6 Would a clock-work be a good plan ?
A Means might lie. invented by which it would
be. , 18
Q You don’t think of any at present
’■'I’irSEl UK. ,»««!.» ».«»••' .
TS «* •» * >»»*■ ■■ H"'““
"Tin, i„,l retrace i'> '»y timiigon*“> «■ 1
SSSSS’tS
pose of acting under the reversals of mu rents?
^SrtrjsssrJsrsss
and the other under the p°sit»vo ^current
other is acting ? A. h«o, sit.
IJ. Tlint is it? A. Yes, sir.
Q. 'J’lmt is, ns you understand the instrument ?
A. That is the way I understand it.
Q. You are sure you are rigid in that!
A. Well, I am sure of the fact itself, but I am
not, certain ns to the exact manner I have stated it,
1 but 1 think I am correct.
Q. You mean to say to the. Court that one of
those pens is the marker when the positive currant
is passing, and the other pen is the marker when
the negative current is passing ' A. Yes, sir.
Q. So that if they are put side by side there will
be two parallel lines, one of which would be the
complement to the other ; one tilling the gaps that
the other left?
A. They would not mark at. tiie same time ; that
is what. I want to get at.
Q. Suppose these pens were put. side to side, and
the paper were passing, then the negative point
would make its mark, and the positive would not?
A. Acs, sir; that is the idea.
Q. And then when (lie current was reversed the
positive would make a mark, and the negative
would not i A. Yes, sir.
Q- And if yon were reading it you would read it.
as if it were one continuous line? A. Yes, sir.
Q. That is your idea of the machine ?
A. Yes, sir.
Q. You understand the machine?
A. Yes, sir; thoroughly.
Q. What becomes of the current which passes
from this negative point when it is doing file bnsi-
A. It is there still, but in obedience to a law— I
think it may be called a law— it will mark only on
the side of the paper connected with one particular
P°>° °r tll(J battery. The other does not mark.
Q. \\ hat becomes of the current— we have our
, itnnsscs on the paper, using .the paper ns . i
.« L other
J; they both co-operate in making any mark that
either makes ?
\ No, sir ; I don’ t mean to say so. 7 q
rjs&ssrtzsi****
being pressed on the pnpu 1 \ flows from
ses, whether posits e .01 nc at llol
each forming a part oi >' , of lll0 decom-
that is put on the paper is 11 tll!lt cun.ent
misses across 11 tom om. » .
A. At the point or the ,ym - ’ t'0 tlie other ,
QV ^XfirS^S-rfipmtseparately.
Q* Have you seen it operated ?
go across? A. m teU about it in his
Q. Bid you hear Air. hdison u-i
examination? A. No, s'''- A. Yes, sir.
q. lie is the inventor of that thing| ,|0 wollU1
q, if lie said that is the way
he wrong? viu-ht with some styluses,
A He nmy have been ut1”
the way I expressed it. „uut o prevents an
Q. That is to say, that tin- » « tho^,ens when
nnd at ■** inatmt'
when Micro is nothing going on the line, ym
Hint, didn’t you ?
A. I don’t remember ns to those exact word:
it was mi idea like that.
Q. That it did the same business ns the hug
you said that, did you not ?
ISM A. It does other work besides doing that.
Q. But it does that, does it not: von said
did you not? '
A. AVell, it would have been true ; I don’
member whether I said that or not; that is tri
Q. It is either true, or it is not ?
A. It would help in that . ease.
Q. If it would help at all, it would help in
way. Let us get the difficulty out lirst. \
the current reverses there is for the instant n
rent on the line? A. No, sir.
Q. And therefore there would be a break i
lS80]"ark, which these pens or either of them . is,
mg on tin 11 i il ss milling helped it ?
A. There is a break already between the mu
Q. Hear me out. Those two pens are on It
crease side of the machine? A. Yes, sir.
Q. Now, suppose whoa we are running a
out on the increase side the current, is reversed
or three times, as it will be in a dash ?
Q. Then under those circumstances, if tlui
versa] causes a suspension or the current lliri
one or other or both or these pens, then there
lle iL vai"lnt space on the paper, not marked, v
1881 there ? A. Considering across the paper ; yes,
Q. There will lie a cessation of any mark oi
paper at the time when there is no current ?
A. Yes, sir.
Q. And that would be the false signal which
say this machine guards against ?
A. I considered it only partially in referem
that ; it would act that way.
Q- Lot us get it exact. If there was that ii
rnption, ns there is the interruption of the cm
Z’X , n • tto, f.o “
Minting a signal ? 1882
Mutilating (!Xlent but not so
ingle pen
f Nevertheless
lV that the mutilation of t m • b» ^ t)lu ,wel..
mcans’of that electro magnet
, did you not? . . i t remember .
A. 1 might have said so, 1
hether I did. _ , ,
Q, Did you iih.hu o ^ . t or not. ISRS
A. Ido,,’trei.mu,ber « iud th(j machi.m, 188
Q. Is it true, as ><>« ' ic there
Q. Then there is no w-
against mutilation ? u would work
Q. 1 will have to help »"« th„t the current
from your testimony. - Bowea through the
“elector magnet O, and
correct? A. Yes, «r. • kell r.guro 2 is the
■jz&ztzs**-***-*
case 00 ? A. Yes, sir. ■ y sil,
Q. That is correct, isit !„ intllis veemv-
“ Q. How, if at all, J ) ‘lloailBcuuy which you
678
679
“ the battery— wliy is not the signal mutilated. up-
“ on the chemical paper?
“A. Because it is always recorded by one or
“ other of the styluses.
“Q. What position do the two styluses or niotal-
“ lie pens occupy in reference to each other to pro-
1886 dace that result ?
“A. They should bo placed very close together,
“ either side by side or one behind the other.
“Q. Is it, in fact, not practically the result
“ that there is no mutilation of the signals when
“ you use the pens ? A. No practical mutilation.
“ Q. The mark may be tt lit tle wider or narrower,
“ but it shows distinct on the paper?
.“A. Yes, sir.”
You said all that, did you not ! A. Yes, sir.
Q. Thu question I come back to is: “And this
“contrivance, marked figure Sis the same as the
‘■bug imp which is marked 2 in case 90.” You
said so yesterday, is it so?
A. Yes, sir; the same as the bug trap.
Q. It protects against mutilation t
A. The mutilation is protected against by the
Q. Then the magnet does not. protect against mu¬
tilation. Is it trueor is it not that that magnet pro¬
tects the receiver from mutilation — the chemical re¬
ceiver X ?
A. I can only answer in this way ; if the signals
are not mutilated at the stylus by the magneto,
it is not necessary.
A. I certainly did not intend to say that, nor do
I understand by that answer that 1 said so.
Q. This magnet 0 either protects them or
" tends to protect them ? A. No, sir.
Q. On the contrary, if it noted as was suggested
it would help make a false signal ?
‘A. I don’t see that any action is suggested by it.
,Q.' Then it stands there perfectly neutral in res¬
pect to the question of mutilation?
' A Mutilation by reversal.
The Co./rf.— Is that or not the equivalent
A .**lt>is not. the equivalent oMho bug trap, ^
cause such Court, perhaps, how
that magnet O does operate, and what it, does...
effect Xe iniluenee when the
A. It sends out an ". . lor diminished ;
strength of tl«o oiirro.it w inc^ - mld it, also
that helps or does cut oil Jhu ■*»•*«» ' o[ the
provides another path, «* 1 » c >
. .
acts? . is a current that is
. -A; JJ, *,i • " s i . i. - «
adieu tl.e current that has tu/’>wVindv\v»hdr..wn,
d, ."n nm.uniymagae.ixe tin
?hs,.,xsJ
^,,ike.hat,b«tIthWkt^ •,« with-
so that after the actual ^ 1 ; t ,)V the action ol
dmwu, a slight curren ts^ - .
the magnetized co.o wliich way does the
Q. ir you a re right, >n timt.
current come? , . opposite polarity 18g0
the shunt circuit? on the drawing.
q. 1 will make t lU , wiw t,niid pass-
A current is coming : along « J oI it is passing
i„g to earth through 0, a ul 1 r at ten-
080
you break Hint circuit, you sny Micro is mi induc¬
tive action lakes place, which you oxphiin as a cur¬
rent. Now, which way will Mint current How. lo
earth or lo line?
A. It will How around the. shunt.
1 SOI 9' TVhlch " in ir fo «>' tli or to line i
A- It cannot got lo earth, because it linds a
sliorter line around Hie shunt.
Q. Which way will it (low in its direction, down¬
ward or upward, that is a plain question in elec¬
tricity ?
A. Tt will How upward ; it is not an easy quos-
or'dow |II1S"|LI rusPcul to diagram, upward
Q. It will How along that shunt circuit, to the
right over the lop, or it will How around it to the
right through the bottom, one wav or the other -
which way will it Hmv !
1892 Jn ln-v judgment, it would How upward.
Q- lo the right over the top? A. Yes, sir.
Q- towards X' ?
A. W, sir; Mini depends upon the number or
oiilerenl arimigements.
A Yes lloW Hint shunt ?
Q. And then what will happen, will be that if it
lows around that shunt it must of necessity How
through tho.su puns ? A. Yus, sir.
Q. Anil H,™ in place of stopping flic circuit,
w inch you are trying to stop, it, will keep it riin-
1893 broken ?Se' tll!1" th° circuit lias been
A. It is in the oppositedireclion ; yes, sir. It is
m Hie opposite direction.
11,9' 5°’ si,'1;wll0M 'he current is coining along the
hue, i t goes down through the shunt to the ground ?
fl.™. i « lf'gnc's tlmt *V. "lid part of it goes
through the magnet.
ormvIiM10 T tl1.? ,,l!lSnet I°r tile purpose of my
ricllt ov °V 1 1 e° tln'01|gh tlmt shunt to the
iiguc over the top?
A. l'ho line current would ; yes, sir.
Q. Now, wlmt yon want to do is to cut oft the
lQ " That is, you want to prevent your line cur-
reS fnini keeping on to run in that direction after
it were, so that the 181
tailinirs would he stopped. .
h That means that you want to stop it from
running around there, as soon as possible
Q. Then the apparatus you have there, as you
ili*«rrihetl its operation, continues ny uas
Ilf' the1 elect ro-inagnet, to run mound there after
the circuit is broken ? A. 'Ves,mi. ,
Q. And in place of cutting off a tailing, i
•no wire' , , loJ!)
Q. Did von not tell the Court Mint
from 0. would How around m the same " «
mu Have already said .be main ^
' A. Tlie current splits in the middle and goes each
" q‘ Then you want to change your answer, do
•VA.\ said, at, ’the time, it depended on a grant
many things. In my opinion it w oil <■ s ‘
way Tt would be impossible to sn> without
”*1896
"'IS ™0,T~uM «. !»»• i> -»”M “
1 'q “Sr,Zu,,o», until .#« )■« >»'• ”» “
-sa ,i0
certain results? A. Yus, sir. ,
practical ex-
periment ?
A. it, is, provided the polarities of the elec
magnet itself, are shown on the drawing. 0
one coil is shown there
T/tc Court. — .The question is, ns (o the course
the current— the inductive influence ; and 1
1897 whether it; could not be ascertained and
term med what that course would be as a quest
of principle, irrespective of any practical expc
went, and ] understood the witness that it ran
but that lie does not know how.
Q. Suppose a positive current, is coming ale
(he line L and (lowing through the shunt, to I
light at tlie top, and to the left at the bottom, a
woitld •mt';""'1 1 "li" *" l,°*r " I*'«i'ive cum
A. Yes, sir with the magnet, out or the way.
miicl, r'-'i1' . . 1,1 ,lloro ! Mml is how
1S98"'11 of «'e positive current that went l>v the w;
of the shunt would net ? A. Yes, sir.
A,ul f’ n,,l< h ll!i "eat through the magnet
tjiound would be a diminution of the win
amount to that extent < A. Yes sir
ti,n; H,°'\i;"1,1,aSe tho oh’euit to be broken at th
t v . ,’., 0 would give back a put
me current, would it not?
A. The current we have sent over was positive,
currant in that db-emio,??’'1
. .
The Court.— in that the jm|uctivu ln|,j,ellco j
uVr. Dickerson.— Yes, sir.
it?; LdZ, V'T ^"'t inductive current, as you cal
that the U °'VS !ll'0UIKl "1 the same wn;
cuit closed as "as flowing before tliecii
closed, as you have stated? a7 Yes. sir.
Q And therefore in cutting off a tailing it would
liken tailing? A. ft looks as if it would.
q. To the extent of your knowledge, that is what
mild happen? A. Yes, sir. —
Q. As far as you know electricity 1 A. Yes,
Q. That would not lie a very good thing, would 190°
;? A. It would not.
Q. It, would spoil the machine?
A. It would not spoil it ; it might hurt the
TSc' longer the line the more tailings there
'q. And\he difficulty with the automatic is to
:ut oil the tailings on long lines?
a IS™, i, bJ,>'°ur"p-
malic telegraphy?
\ It would be with a single pen.
Q You can do it on an automatic telegraph ?
A. You can increase it or decrease it with a sin-
g,QPTb„t is an improvement to automatic tele-
gnqdiy^ith n s. j,en. with a double pen it
would not have that, effect. A double pen is no
n. cessary to that system.
Q. It is necessary to this tiling here
Q. Boyou think your people can invent any- 190.
tiling better than that in the future ?
A. Yes, sir.
Q. You had better get it up quick ? . f
A. It is got up. The invention was made b
this was, as far as I was concerned. do
Q. That being the effect of this ; ’ > bo.
not nut ns high a value on it as y on iliu l
ginning as nil improvement ? A. On what
•0111(1 1)0 fill improvement, Hint you though
ompany would be likely lo adopt. Yon
ot ostium to it so highly now ns before?
A. 'ton menu the whole arrangement of n
Vf- u's, sir.
}}'s’ sir 5 if 'I Ims not. tillered the evil.
Q. Hint nilding the tnilings Ims not dim?
le evil ?
A. Hint can be overcome by other menus.
b>. i our invention Ims not done Hint thing
A. It Ims not done it perfectly.
Q. It 1ms only ndded on evil and not dimii
n evil ?
A. I won’t go so far as to say Hint.
7' ll!'ve said that already, have von n
A. It has added an evil, but one that c
ercoine by other means.
You think you can invent something to
V "li" <l'i"ving ( A. No, sir.
lion Hint machine openilos by reverse*
'Is there are two ]innillul signals made, eae
"■ ueli is part of an entire signal if a dash i
Hiroiigh the line? A. Yes, sir.
J. Now, is not that signal exactly the same sig
nmt you would make if you were sending tin
eised currents through the line for the tmrpos
•pern ting the reverse end of the machine ?
;• [,n I '111 "“-I... as received on the chen.icn
No, sir ; if [ understand it correctly.
'he marks that would bo nmdo on the clr
Miper, when the quantity or increase key
ii, and the operator was reversing on the o
the set of marks that would appear oi
ini!n^',ml (lib0 ,liiL“f of Pn in llel marks eacl
athifc v ith the other as the panel- ran alone
Q. Well, from one to three, did yon menu to tell
ns that yon Imre sensitized paper that wont show
battery one, and will show battery three?
Whether that
n knowledge.
A. Not on the Atlantic and Pncilie lines, but in
the experimenting labratory.
if -;" '1L're l*‘<' 5’°" uver seo operate practi-
A. 1 saw it worked last Saturday night at, Room
ob, No. 1-tii Broadway.
Q. In this labratorv?
A. Yes. sir.
Q. And it did not make any marks ?
A. None, or very slight.
nride1)ia,, t '* mnI“ nnyl A- 1 «lon’t think it
Q. Perfectly white ? A. Not white, the solution
colors I ho paper.
Q. It does not alter the general shade of the
paper ? A. No, sir.
Q. Not at all? A. No, sir; I can produce that
if it is necessary to be seen.
Q. Well, in an ordinary automatic instrument
the leakages from contiguous wires are recorded
on the slip— the leakages from parallel lines are re¬
corded on the slip as delivered? A. I never have
lmpi*ncaft 11,1,18 ““‘''a1 5 14 may possibly 'have
n.';Versa'v sucl1 a t,linS «s that? A. No, sir.
rl. ‘: u.°" \ y°" see your messages come out with a
distinct light mark and also a lighter and a darker
„»* Intel.™, 1 ,A. “
way, but I didn’t know they came lion.
A- I teliavo
clearly bt'chemical writing that came over from a
‘‘"“a never saw any that came over with par-
Tnever entered into the question of other
wires on the same !"**■ ,Hlt came out from
Q. Did you ever see a message uiui f
•, set of wires that were numerous on the
miles in which the message you recened'.
also marked with the messages going o 1913
Ti have seen slips with the marks effected in
the manner you have described ; 1 nevei
'' Q.' Did nobody tell you where it came fioin l ? > •
A. It might have been inenlioned l ' 1
lion ; it would come equally from dc-
Hue, or from such interference . >
scribed. . .. . other wires
n it comes from leakages from the
- tllat are recorded upon your rccc.vcr I ^
A. Leakages from othei ",RS
the ground. „re getting yourlOU
Q. So. that, “.^'"‘"I^^ung the signals
own set of signals, and j o « ■ n re(£ivillg paper
from the contiguous wiles on >
TsSLi»g« mr 25
signals. ■ ., interrupted or
tron bled, I lmvo asked the simple qneston, rind I
insist ujion mi answer?
The Court.— Ho matter about the effect of it.
Q. It is generally so?
A. I could hardly say generally.
Q. You pick up a handful of vour strips;
lie they not all, as a general thing marked with
lie messages g„,ng on parallel lines, where there
ne a number of wires together on the poles ?
A. they am marked to some extent, lint not
Q' Generally.?
Q- If they are
the very feeble e
neighboring wire,
A. 1 could hardly say generally,
o marked, they are marked by
capes of electricity from some
A. In the ease of the
generally by the automat
sometimes; I won’t suv <■•
met arrangement used
it is very frequently or
crally or frequently.
May 9, 1877.
CroKg-exami nation <>/ Mr. Van Uo\ i.siu.ik
continued In, Mr. IJiukhusox:
Q you didn’t intend, yesterday, to disparag,
any of Mr. Hdison’s inventions, <lid you !
\ No sir; certainly not. .
Q.' 1 will give an explanation of that d™'™'b , <
n„, c„urt as a leading question to you, ami joi
I n correct me if I am wrong; When the curren
comes through the line h, and
and magnetizes the electro-magne » which i'
_lirrMir ?s broken, then that electricity, A\lncii i.
ESSrat,
A. I should consider it to be contt ■ ^ ^
knowledge of the subject. My Kno\\ie«0 , -
SVts, 1 charge, is M 1 « £ £
theoretical ; 1 should Jregaid it
liudit or wlint I know. . . ,
Q. You have no doubt tbut.it is l oueet
A. I lmvo no doubt it is correct.
q. Ami Unit i. ;
are working all the rune on
Q And it is the thing' patented by Mr. Edison
foSho purpose of cutting off the tailings, is,, t it 1
A. With a single pen. yes.
Q. Or any other uuinber or pens i
a Tf you put two pons in, it ni'tlus a
Q, Yo„ doldt change the direction of the
rents, do you ?
A. No, sir. nmde yesterday, you
wore wrong, uUlioiigh^'ou luive been living with
that tiling for months 1
A. T Hindu tlic remarks 1 did yesterday, because
l was confused and tired out. I knew Mm cor
reet method all the while.
Q. Somebody told you, between last night and
this morning, Mint you were mistaken l •
A. l found it out myself.
1 920 Q. Somebody told you that, didn’t they ?
A. It was in tho course of a. cun reran lion.
Q. Somebody instructed you and fold you that
weru mistaken, didn’t they ?
A. I had sense enough to see it myself.
Aobody told you v
A. Nobody told me diivctlv
Q. Did anybody say it in your presence ?
that T w';'-'’ ‘mi1 H 'aIku‘1 I agreed
1021 Mr' Tmlge’sollice; and
Q. Anybody else i
Q WAs'n' i'*S<i 1>iul f*lu uonversiiMon.
, ’ " ,LS miyhody else present (
A. At that time?
A He ‘riI,,fl'u''ill(! ."'‘is Micro, wasn’t he?
men’ced. ‘S " "he" tl,e uo" versa Mon com-
A Sn,'h!S i!le? f"ri"S 1,10 conversation ?
}' i" lnff the latter part of it.
loft dm'courlf room' ‘“i I' ™ *V0"
1 922 A. He did not sir. J 0,1 "‘iUle 11 mistl,ke ?
. Q. Wlio did ?
A. I saw it myself.
Q- Didn’t somebody toll you?
Q Nolodvtl'r1 0t :,,y
n w, y toU1 you that? A. No si>.
A. Nobody.^ t0 y°11 tlmt ytm "’Q1'e 'V1'°ng?
saMoJ yontmakT’J0 P‘lSS Hmt in tl,is
jou speak of it was said by somebody, or
understood by you or die rest that you were
"'a"*’ admitted that 1 was wrong, or at least I
suggistul th(j ono t,mt suggested it?
Q. rt^ come to you afterwards that you were 1923
" Qngyou ilidn’t tliink of it until you went off the
the stand? . , , . ,,
A. I knew generally that I was light, but the
theory seemed to contradict it.
O. Do you think yon know more about tl.e effec
of the reversal of currents than you knew about
that static charge affair yesterday ?
A. Yes, sir ; 1 do.
Q. You do know about that? A. Yes.
Q. Now, on this machine that you lia\eDot
the blackboard, containing case 00. wb«n die l9o4
rent is reversed, the armature falls back from
neutral relay, doesn’t it?
A. Tt falls back and leaves the core.
Q. It goes back to the back point !
A. That depends on the amount of Pl«J >£•
Q. It falls back, and would mutilate 1 =
unless there was some means devised to prevent tt (
sluggish apparatus that does not i . q
the back contact is made ? A. Yes.
current' on the line nt a time when there
^Ai^Yw^’tliore'ls Btlil'nnothor awangonmidjorwi-
die iron itself before you recett e die oppe
arity.
Q. I Ins electromagnet is of itself, and of neces.
siiy, n sluggish tiling, been use you Imve got In dis
o,u) \ h "■'«* <!>»<>: thalis
n' tho common arrangement
Q. 'Villi nn: gt 1 t does it. not tnke time
10 iiisilim-ge mid charge Hie electro magnet.'
A. it is true it does, but Mint time varies under
different arrangements.
Q- It varies with the dininefer nnd length of 'the
tore mid the iinmunt of helix which envelopes it ;
ose lire the only elements, I suppose >
A. r should hardly like „y that, been use. hero
; ; * ‘;r,,,"g«"'ent made in which the pro-
[loi turn of delay is different.
.von know the Ir.ill.
n ,„! !"" S0,"S **y. and you will answeryes
s Wllen “ 1,1,1 lory currant
iniil 11 lln,‘- lfs first character on the
>o ■ ; nit all parts of ir-.hat is as tolongth, have
> o< n-U-noant of electromotive force, which goes
<nVit ? U e |,etr,<;,aas say* in chunks; that is so,
•nv 1,0 so> l,,,f y°'« have stated it in a
or hearllig it stated1.101 to Mnki„g„t
Q. That is a graphic representation or it, is it
O 'nn'ril(1H'y it:V“S' anhstantinlly. .
iiuiiiallv ° H,nk gHL“s the line, it
n i ldle e T “in* i,s en<ls »"> thinner, and
snnuldle, relative lo thoends, thicker; is not that
A. ^ot ns it presents itself to my mind
the remote end f'0 Sl!,ullnS u,u1' a"d going along
Q.' iVitis new to off
A. You say the chunks of elecilitv! TwlVL’
understand your meaning, uo jau
nations that are sent over itl
Q I mean that each pulsation, when it comes up¬
on t he line, if it could be represented in any graphic
form, takingsay a foot of line, would be thorough-
out its whole length of equal electro motive force 1 ] ^
A. Yes, I think that is so.
Q. Then going along the line farther nnd farther,
it be-ins to assume the character of a gradually
swelling line, coming up to the maximum, and a
gradually subsiding line on the other SK]e ; an‘]
that is wlmt we call the “sinus” of the electrical
discharge, isn’t it-those signs that are represented,
are called the sinus of the electrical discharge 1
A. I have never seen it put in that way.
Q. You are an electrician, you say «
A. Yes : but I have never seen it put. in that nay
Q That, is a new presentation to your mind ? ] Q3U
A. It is a different presentation from any to
which I am accustomed.
q. it is true in that respect, isn t it 1
O Therefore, whenever tlie impulse an ii es at the
IS say at Chicago its force i-~=tefl
by ,l,e sine of this little angle here ? 1 lWu i mg
-nstrru' js* *«> i> *
.taioooU»*™l *• nYj‘r,'„„l,ta»«|onS.M«19Sl
s,rnWi.tKsr-.T;s;«;
different from what it would bo
_ ■ _ __
engo, in respect to the manner wluett the elect ri
force nets?
A. It is different ; yes, sir
Q. And you mode your little experiment on i
tnble? A. Yes.
Q- your picture you luive got written, “Over
llu"' limn ” ? you put that there, didn’t you ?
A. No ; I had nothing to do with putting thin
there.
Q. That is at the wrong end of the line, isn’t it I
A. It does not strike me so, sir.
Q. It is at the sending end, isn’t it ?
A. Yes, sir.
Q. Whitt would happen if the overflow dam was
there, would be that there would be a spilling of
some of these chunks of electricity?
A. A spilling of a portion of each one.
Q. There would bo a cutting oif of a portion ol
1 933 ei,uh °"° on a level line, a reduction of the electric
motive force in regard to length ? A. Yes, sir.
Q. That would be a dead loss, wouldn’t it ?
A. It would be u dead loss if there was no ad¬
vantage from it.
Q. This overflow dam is an invention of Mr. Lit¬
tle, is it not ?
A. I have heard it so stated.
Q. When he puts it on he puts it on at the re¬
ceiving end, doesn’t lie ?
A. I cannot say ; I never had nnv experience in
regard to that.
|0 , Q- Ho P'lis it on the receiving end and then it
i JO-i would operate to spill the lower levels of electricity,
and take the top of each one to work the instru¬
ment, wouldn’t it?
, A. That would be a good simile.
Q. And that is what it is there for, isn’t it ; it is
there because the oleotrtc current that gets to Chi¬
cago which may be represented bv that increased
curve, and because this overflow dam will spill out
lo ower intensity part of it, and leave the irrenter
living end and then it
ver levels of electricity,
o to work the instru¬
ct only to operate on the chemical paper, isn t
t '-The exact operation of the overflow dam L
now very little about, because I have had no
metical experience in. that way.
Q As an expert, I have asked you this question
tout this overflow dam.' 1 am asking you simply ■ •
a„ expert about its effect. In that drawing that
on have there made, you have put down the ocei-
ow clam at the wrong end of the line !
A I cannot separate that, from the knowledge I
rive oftlio' opinion of gentlemen who are actually
md practically conversant with its operations a„ l
vho I have heard say in conversation with them,
hat the overflow dam is more useful at the sending
aid than it is at the receiving end. As s .id be
fore I have no practical experience mjsUfm le
from wlia t° Ih'avo'reaik and trmn ^
l have had with gentlemen whose statements tullj
’’If You have no opinion as an electrician whether
that overflow dam is at the right end oi at
wrong end of the line I . . . t
A. I have only my own opinion that it is
“ <•"*
I.' ?” "S™1;.”'-
Q. When the signal is shorn of this alt ^
live force, then it would slope down i •
ing end, to cut off these lower quantities ?
Q.' Andte effect of that over-flow dam of that
end would be a loss of some sane and acid '
A. It there was no compensating adv itagc.
Q. What compensating advantage is J? '
a a a t oiii.l before. I have had no practical ex
purienco In regard to the working of the over-llow
kn°'V °f "ny Compen"rt,W “d™*
A. I have heard that there was, but I never knew
10 •ioex’!l0t y what it was.
Q. You don’t know wind it is yourself?
Q. What did they tell yon about it?
A. 1 never inquired.
Q. Then you are entirely without any opinion as
lino ? 0pera"°,,? OI‘ 118 10 i,s '«>•»« »t that ond of the
A. I judge only from the opinions of genlleinen
wlio Have told me ; and from wliat they have said
to ",c’ 1 J-Ob- there is an adranltige.
Q. You don’t know what it is?
A. No, sir; I don’t know precisely wlmt it is.
1939 . *• 1 °"> you have said, that with tho sensitive
paper on A, it had to be made so that it would
onl vli 1 the maximum curveand would not respond
to the lower current ?
A. I don’t remember saying that it lmd to be
made so.
Q. But it was so ?
A In niv experience it was not, but it could be
easily made so.
Q. If it was not so, then the lower current would
mark it equally with tho higher ? A. No, sir.
Q. It it was made equally as sensitive to the
1 940 rel' n ,e'T’ “ U Was t0 tho higher battery, then
U40it would be marked whether tho reverse currents
were going alone, or whether the reverse currents
were going together?
A. If it was equally sensitive to the passage of
each current, it would be ; but it is not so
Q. Didn’t you say yesterday, that part of the
. ’ 1Uo" ' to make the receiver X sensitive to
! " l not sensitive to the minimum
uuient, and didn’t you tell us.that that was as old
ns Pamulay, and that you knew that paper, and
knew that it was the kind of paper used?
A. Thu solution I should have called it, and not
the paper.
Q. The solution saturates the paper?
A. I don’t remember making any such statement
as that. W41
Q. Didn’t you say yesterday, that the paper that
was sensitized to the higher current, was the pro¬
per paper to use on that machine 2
A. As near as I can remember, I stated that a
solution could be used which would record the
higher current and not the lower one.
Q. Didn’t you say that that was the proper so¬
lution to use in this machine?
A. I don’t remember making use of those words.
Q. Isn’t it so?
A. T should consider it so ; yes.
Q. Do you think the thing can bo run with tlie^,|^0
ordinary paper, that is sensitized to the extreme
and minute point, as used in automatic tele¬
graphy 2 . . , .
A. In my judgment, the ordinary solution that is
used in automatic telegraphy could be used, al¬
though not to so great an advantage as some
others. .
Q. That is the solution which you told us yester¬
day, was affected even by leakages through other
lines?
A. I believe so; I don’t remember exactly what
I said on that point.
Q. Didn’t you say, that it \
leakage of contiguous lines?
A. Y’es, sir ; J believe I said
tho signals from the faint lines oi
Q. You can read the marks and gaps that a.u
made ? A. Not always.
Q. It is affected by tho leakage of contiguous
lines?
A. Not always ; it is sometimes;
3 affected by tho 1943
so ; you cannot read
n that paper.
Q. You say flu's kind of sensitized paper is i
in flint machine?
A. I say it could be list'd.
Q. You think that machine would work pra<
ally with Unit kind of paper?
A. Tt would woric on a short, circuit with i
3944 paper.
Q. You mean a short circuit in a room ?
A. Yes.
Q. I am now speaking of a line ?
A. I should not think it would bo so good n
line as some others.
Q. That thing would not be so valuable to w
in that way ?
A. It might, for some purposes ; but not
transmission purposes.
Q. Now, when you haven practical line work
o Chicago we will say, to charge and disoha
1945 a" Yes / " collsi<lel'llble «‘f lime, di
Q. A very appreciable amount or time ?
i . Xot always; it depends upon thcuppnm
employed ; that gives a variation of the time.
V|. Hie iipparaMis used is an apparatus to clot
”0fc ain,|>1,arar,||s to iwwliitu that fa
A. Yes ; it is used to detect the fact; certainlv
Q. Hie fact is, if you charge your Chicago 1
and then reverse if, it takes in the first place a ci
sidernble time to charge and then to discharge I
positive current, and then it takes a consideral
1940 t me to charge the negative current, before von /
the UneT'1'0"18 U1’ l° tl,0,r intensity
A. It takes time.
Q. Quite an appreciable time?
tot ‘ ■ A°-Id “'Wwn'Wn” rather indefini
to my mind in that connection.
tion« T* in‘1,01,ta,lfc fMctor »» electrical opei
■ . . .
A. It takes a. certain time ; yes.
Q. That lias to bo provided for in working any
digraph to Chicago, does it not? A. \es, sir.
q You cannot work a Morse machine faster than
hose things will be done?
A. No, but the. use of certain instruments and
pparatus causes a variation of the time. 4‘
Q. Nevertheless it is an important factor in the
forking of a line to Chicago, which has to he al-
nwetl for, and wliieli in fact limits the speed of
ransmission doesn’t it :
A. Yes, to a certain degree.
Q. We have got n line to Chicago say, and when
he operator at New York breaks and reverses,
hen, during that period of time, the sensitive
niper is running over the wheel X, isn’t it?
A. Yes.
Q. And between the time when the plus current
shall mark that paper, and the time when the
uiiiiis current will have got intensity enough to
murk it. there is u lapse or time, is there not t
A. There is ellipse larger or smaller.
Q. No matter about the measure of it, whether
larger or smaller, it is n quantity that has to he
taken into consideration in the working of the line
between here and Chicago ?
A. It varies with different circumstances.
Q. ’Under wlint circumstances does it vary. You
have got 1000 miles of wire, and you close your key
and charge it, and then reverse your key and charge
it with tlie opposite named electricity , does mere
not n time elapse between the maximum effect of
the positive currant, mid the max . efloct ot
the negative current, irrespective of any explana¬
tion that, you know any thing about?
A. I should consider that it might depend some¬
what upon other circumstances.
Q. Such ns what; name them? o
A. For instance, there might bo a big discliiuge
on tiio lino which would neutralize the effect of one
" mignt uea stnfie discharge.
Q. From whet? A. From the line itself.
7 J:,H •vou ">««■» “> say that there won
static charge on the loth oUanuarv, and
3 oil the 11th ?
A. No ; hat the quantity itself will vnrv.
7 ” lI1.,t. va,y between the 10th and 11th
A. It might.
Q. Given an amount or electro-motive force
sen o\er the line, say with a battery of ten i
senes, on the 10th of Januarv, ami imx*n tJi
conditions on the 11th, do you say that tin
discharge will vary l.etwon those two dates?
, ,, il storm should arise between tl
should considc
Q. Is the sta
A. That is a
1951 cal knowledge.
that it. would,
c discharge affected liv a ;
oint. upon which I ha've n
suJJect that LS y°Ur t,,e,,retical '
A. It is hard to define m y theoretical knoi
on that subject.
fin?' N°," J’0U.r 1,i,I,er is t'otining, say tit the t
COO words it minute, if that is your gait, your
ts running very fast, isn’t it !
n,iti,MeS; 1 S!,0",d ‘!on8id<••,• it modern toir ft
might he ran faster.
if Q\v,"d °f neuessity ibis would happen, woi
will, , thc '•u,,«ient has been reversed the
mu i an from here lo here (pointing to the dii
Jo-on the black board) before the positive eurren
■ml begins to mark ? A. It will in somedegn
7 *!* \s cert,lm t0 ‘lo if — as certain ns dentil,
A It is certain tlint there will be a slight ini
of time, jinny judgment.
marks''!'8 bm,k‘s 11 set of signals
minks, having an interval of paper between tli
A. Y os, more or less.
A,Uli tlmt 'vould therefore represent a s
dots j make a set of dots.
A. It might or it might not; it might represent
n long dash in which the current is reversed in the
middle.
Q. Therefore the same thing would happen on
that paper whether the man who was sending the
current was trying to make L, for instance, or
whether lie was trying to make two dots, wouldn’t 1953
it? A. Not in my judgment ; the effect would he
different in some cases.
Q. The letter L is a long dash isn’t it 1 A. Yes.
Q. When (lie operator in New York closes iiis .
key, his object is to get a long dash, and if nobody
interferes be will get a long dash, won’t he ?
A. Yes.
Q. And right, in the middle of that dasli the
other operator reverses and then this will happen,
won’t it, that that long dash will lie cut. in two
with tile space which you have spoken of existing
between them ? 5954
A. It. will be diverted to the other line through
the stylus.
Q. Tlmt gap will lie between them ?
A. Yes, sir : with a constant gap between them.
Q. You have said that I lie interval occasioned
by the reversal would vary in length ?
A. In different days.
Q. Then the interval between the dots on the
paper would have to he made, varying at different
days, in order to match the variations of the inter¬
val of reversal, wouldn’t they'? A. No, sir.
Q. It is true as you have stated, that the long
dash L, which is equal to the short dashes, would 1955
be broken in two by the reversal of the other cur¬
rent, and that there would he a space between the
ends of the two fragments. Now, suppose you
were to send two short diislies over your increased
line, and in the interval between them the other
operator reverses, then those two short dashes
would coma out on paper relatively to each other,
exactly ns tlm broken dash wiis on my first hy¬
pothesis — from one pen to the other?
A. r tlifnk the interval between the two won
be greater than in the case of reversal.
Q. Then i put this question- lit) , ,
mer the m (sensed key is about to send, nr is sum
mg two short flushes, which are equivalent to tl
i(i -e ° h L’ lf’ !lt thu fime> tl,nt. otlier operator r,
“ ” “"»«», then these short dashes wi
V Yes 1)!'1)01‘ n'0"' 0,10 l"*" to 1,10 other t
,tlmt resT“,:f they will come out on p£
verse' current*! K'"!C‘ ^ ^ oi^tor0™^
or the dash
A. With respect to (lie two pens it would 1«. M.
“diSs'lr8 !,l!“ between ll.
A.atjr:Ser?niii,s;,,e,,t-
one wniTn,','.1 n"P?ft the-v aru tl.e same, onb
lower side ' i VP1M‘,‘ SKle' u,l<1 the other on tin
q. .Srrs ,o ni«e.
the reversal of the currant ? v" °?emmuA hy
"0,"d ta m,! M “
Q TheiMns ^l!lt * cann°t say.
ST6 can
-■amiotVodi'sdnguish^d. 8"m° le”Sth e-xnctlJ’- *W
Q. Thu point of distinction must arise from the .
act, if it. be a fact, that the operator, in punching
mt. his paper, will make the blank spaces greater
than the interval of time occasioned by the loss or
•lectricity in reversal ?
A. The interval of time, with respect to the
lashes, should be different, in order to distinguish
the two signals.
Q. You say you never tried whether that could
lie done in practice, but you are presenting your
opinion that it ought to be done ?
A. I never tried that operation, lint in my judg¬
ment there would be distinction enough to make
the signals intelligible if tile slip was correctly
perforated.
Q. Now, the longer the line over which you are
working, the longer would be the space at reversal,
wouldn’t it.
A. It would in a certain degree ; the exact dis- 1 gfi(
tance I do not know.
Q. Then, if you were going to send to Albany
and also to Chicago the same message, you have at
Chicago a much greater space at the moment of
reversal than you would have at Albany !
A. If you sent with thu same perforated paper.
Q. Then you Would have to have two kinds of
perforations, one for Albany and one for Chicago,
wouldn’t you?
A. It tniglir lie necessary.
Q. Therefore, if you wanted to send a message
through you would have to repeat it and take it off
the line at Albany and send it through to Chicago ? 1 9(5
A. I don’t understand how that could be done by
chemical paper ; I never beard that there was such
a machine. ,
Q. You know that there is a repeater don t
you?
A. .1 know there is what they call an electric
motorgrapli, but I have never seen it.
Q. Mr. D’lnfreville told us the otlier day that lie
had a message from Boston to Buffalo via New
604
■ 2; o;,tT1„,,t Nmv « «!»«*,
n . T,aL ,10 mt0 of no,) worth, ii niinuio, from
s on to Buffalo, mul that ho look it off at New
1"'‘r ll,"!s,! ‘-••'•“"•"slniifos could this lie
ooiic with this machine ?
19,12 ail £',?'! 11,0 lwr/°ra|«l imperils it is used, but
!l 1’erfo,'!'ted pnpur made by which
both these Hungs could be done, in my judgment.
Q. At present you don’t see, in your judgment,
•' "‘ly Hint tiling could be done ?
T mi . 1 '“f"1 (0 SI,y Hint it could not he done;
present. 1 1 ,laVe "° wny in ,M-V ,,li,1(1 at
AT"* £° srait faitl1 in Hie potentiality of
e future of veutious, I presume; you don’t see
just how It could bo done at present ?
A. ATo, sir,
lOrtiliihv0"’ 'V'3 ,yo" lmmu ,0 f<-Il the Court that
196.1 s thing which you have in that drawing will
sli ' the difficulties I have
'*'* !m’ 51 M(* interval occasioned by
J'lf w n.ol;a f!ltiil thing to the operation of the
• tu're?1 IU "c 1 you lwvu represented in that pic-
ol.t;.ii8h0|"la 110t!iku tosny Hmt it. was u fatal
objection, because it, might, be easily got over.
Q. I nk, ug the picture on the blackboard, as it
v„„ „? " . I",1? H1 1,0 ‘"'•onted by someliodv— do
ob tin i!?, 8 tllu, ?omt Hint that is not a* fatal
that? * 0 H,e working of a machine made like
19G4 f
imm-bW^ru P0.,nt ,leceasnrily different is in the
punching of the paper.
is MtHawtsm' "V.,re?e"t knowledge on thesubject,
Lit n i“i. C','Uy 1 have « fatal one to
I f e8l,°."'n'°n the blackboard, without
some other invention 1
o' Wm?Mdn,lai^iy con3i(1el' lt ,l fatal objection,
lm < i " 0 i ‘I Hint instrument, just „s you see it,
A. I should not like to say that it would not be
practically operative until 1 had tried experiments.
Conditions vary greatly. In my judgment, it looks
as if it would work. I li< ol jc ti i gilt lie fatal,
or it might not. . .
Q. l)o you know anything more about that
thing that vou have not tried, than yon knew ofDbb
the operation of that magnet 0 on tile line on
which vou nro working, and have been for months 1
A. I’know more about its operation, in the view
with which I set it up, than I do about, the exact
operation of magnet O.
Q. You set it up in your room, where tins dilli-
culty or charge and discharge did not exist ?
a! 1 set it up there for the reason Hint it was the
onlv place I could try it.
Q. And it was set up in a room where the diffi¬
culty, I have pointed out to you, doesn’t exist t
A. Yes. . ... r n 1060
Q. You have not, submitted it to the test of the
difficulty which I pointed out to youl
Q. You never heard of it until I called your at¬
tention to it 1 A. Yes.
Q. You thought of it 1
A. I knew the existence of such an objection.
Q. Did you think or the operation of the static
discharge in regard to the problem which was pre¬
sented to you, until I called your attention toil
here! A. I knew that such an objection existed.
Q. You knew that such an objection might imsu-
Did yon see how Hint objection would operate upon 1967
those pens, until I told you about it?
A. Iliad thought of it generally, without blink¬
ing it down finally to the pen. ,
Q. You hadn’t thought of that? A Of what
Q. Of the objections as applied to the pens the
^A^'itp^Bti^n^h^iheWliiie I was using the cheiii- &
ical paper.
CL When aid it occur to you ?
A. For ono lliing Inst night, but it liiul occurred
to me before— Siitnnlny night I think.
Q. Bill you liml Hint ililileulty in Vour room
ten feet of wire 1 A. No, sir.
Q. You thought (here would be difficulty
the line?
1508 A. It suggested itself to my mind generally.
Q. You didn’t mention tlmt yesterday ?
A. I don’ t remember whether I did or not.
Q. You did say yesterday, that this was a hag
ilidnH vou ? US 0 °l)<!1'a,<!<1 like a hug trap
from rovorsul 0 Slie"ki"e then ofil l™>'milty arising
Q. AVe were speaking of this difficulty that we
Have been talking.nbout to-day?
A. As I said before, if I am not mistaken, we
«eic speaking about the difficulty in regard to re-
Tggg versa!
Q. t is that difficulty and no otl.er-the <11111-
in*'" \Zltf ICVeI^11^ ^wt’ 've have been talk-
Ilnp’w«° ,of tl,e apparatus over a long
thn in i -1Ht into tl,u Question ; bringing
thd, m brings another eiement into it.
u ".".y we h!lve l,eel* ‘""'ins about is
rontf isn’t U j IU S ,,g fl'om t,le ™vow.U of the car-
A. We have been talking about that.
wl^T tBl1 che Court yesterday tlmt that
iQ-o A aTii-hC".-v apainting machine ?
nt, »■£*“ °“,U
A w‘'lti.lyouHd^nowabout it?
, work^ct3i/roi>8rIy,lrmnS*!d W
paper’ll Bt d° *®n n,ei,n l»y “ properly arranged
thhigs1’1 and t!l!Ii°UltieS1a,'e . Ua,,st!d by well known
urmuged as to ^ 1,1,8 *" n,y judgment, bo so
4,1 “S t0 ovo,'c?“>° them ; something in this
way, knowing exactly what the distance was paper
might be punched so that the relative distance
might be taken into considerat ion and the signals
Q. Then you would have to alter your punching
apparatus for every distance or line, wouldn’ t you ?
A. It might be operated possibly so as to sepai- jy n
ate the signals in such a milliner that the objection
would not be as forcible.
q Some such invention as tlmt would have to be
applied to make this thing work, wouldn’t it?
A. I don’t say that it would.
Q. To the best of your judgment at present I
A. I should not like to answer that question m
the affirmative, until I had a chance to experiment
and find out about it.
Ill/ the Court :
Q. The result of the punching apparatus istol072
make the paper uniform, isn’t it ?
A. Yes, sir; it is at present.
Q. So that if you were to change in reference to
the different lengths of line, it would he iieccss. j
to learn the alphabet over again, wouldn t it t
A. Not as it presents itself to my mind.
Q. You would merely make a different ai range-
men t of tin* signnls you have at present.
A. Yes, sir.-
By Mr. Dickerson:
Q. Tlie intervals lictwcon the holes on the paper
would have to be arranged with ^ l0?3
three or four functions. You would ha .
into account the static discharge the l«ng h of the
line, and the rate at whieh the messages « o e to
sunt ? A. It might lie arranged in my
Q. You don’t send messages at the same, p
I, on. ul.in.nt .1 111. tin... 1» *>»
come out at the other end?
A. That is one (‘lenient.
Q. I t is only one < A. Y
Q- if you are running \
nil- perforated paper
ir . , ■— •-—v> .toil did yesterdav, the
(.Ifeet of that is that the intervals of time in which
lfi74,,'n".nr1S!!'i C<""e 0,,t nt CMiieago, is reduced to
one-nair what it was yesterday t
A. What interval of time. ’ •
Q. The intervals between the signals J
A. H would be much reduced. *
Q. Therefore you would not only have to punch
t om paper ditrurently, but you would have to get
“ 'v‘l.v to control the speed. That would be one
clement of tho problem wouldn’t it?
A It might be necessary to take that into con-
<1 u on. I think 1 can see a way by whicl.it
'(mid lie rendered unnecessary.
Q. Please slate it \
1975 Will !'!'U|'?is,am',! "lwrt of the signals on the paper
.... 1 'be fact that they had been seat
b> l c chemirii paper, and over tho chemical re-
*1,11 ”!*M fiisler Mian they had been before,
'bill they did be'ro, ™'Sllt l,UI"' th° Si""° P,0l,0r,i0U
„i,SJ!,rr0re U 'S "0,: "ccossary to take the elc-
' V, ’I”’0 nient.o.ied into consideration ?
viato that " tl,,S L,,t miSht Possibly oh-
Q. What arrangement?
■utlnVi,VHS il,e ri)omt01' 11,1 idea of tho speed
1070 o ru «8igni,ls "'ele *»t
into a ';,l ,0r el' °r the mast enter
sian t CUlnt,0n • !,s' t0 fcl,° speed of tmnsmis-
kiioivlmw"Stp0SSeSS " ee' bdn amount of technical
Kiiow lodge, as a matter of course.
calculation? bU ,,eCeSSH,'y r°1' l*»n to enter itdo a
A. It .night be.
Q. Because, under this arrangement, two signals
would come out meaning different things, and he
would have to distinguish between tho two 1
A. It is necessary at present for an operator to
exercise some discretion in reading signals.
Q. (Handing witness paper) I show you Ex. N.
This is Edison’s chemical duplex that you have in
' \. It is duplex applied to automatic.
Q. With that tiling in your possession and in
operation, you could increase your sending capa¬
city from New York to Philadelphia, wo will say,
300 per cent, by using the duplex from Philadelphia
to telegraph hack O. K. while messages were being
sent from New York 1
A. It would increase the capacity.
Q. With that .machine in your possession, and
supposing it to be in operation beUi.cn here and
Philadelphia, you could telegraph O. K. from 1 lnl-
adelphia on a Morse instrument just as well as upon 1<)>rs
the chemical arrangement, couldn’t you 2
A. I should think so; I cannot see that tho two
tilings would interfere with each other.
Q. Therefore you could send your New \ork
business continuously without being stopped foi
O. It., by merely putting this up, couldn t ; yon ?
A. Oii one side, using a Morse receiver, I should
think it likely.
q. That would increase your rapidity 280 pel
cent., wouldn’t it? , . ,
A. It would increase it in the proportion, «hicU
I explained yesterday. o7rt
Q. You have never put this up?
A. I have never seen it put up. ,
Q. To your knowledge it lias never been put up (
A. I have never seen it put up. .
Q. Canyon account for why it is itlint the com¬
pany is throwing away 280 per cent, of then capa¬
city,' wlion they could put tins up? . r
A. Not being in the counsels of tho company, 1
Q. You are na electrician for the company <
putting this up, they would incronsu their capiieity
800 per cent, ?
A. No, sir; my views have not been asked about
it.
1 980 Q. You never suggested that to your company 1
Q. You never suggested it to Jay Gould ; lie is
not an electrician, is lie? A. No, sir.
Q. You never told Jay Gould, that by putting
this up, they would increase their capacity 800 per
A. I don’t remember ever to have had any con-
versjjtion with him upon the subject.
Q. In point of fact, your company, in place of
using the automatic, is, for the most part, using the
electro-magnetic duplex, isn’t, it?
1081 ^‘I'l'i’t know much about it. •
Q. Aon are an electrician for the company ?
A-. les; but it is not my business to attend to
such things.
Q. \ <m know generally the business that is done
over the line of the company ? A. Yes.
Q. In point of fact, in place of using this duplex
or quadra plex tel egrnph, as shown on Ex. 1\, von
are, to a great extent, using the Morse svstein of
duplexing?
A. We are using it in several places, I know.
i } ,0,V110 U8‘"S >t at Boston, for instance?
A. I believe we are ; I am not connin'
1982 Q. That is a large part of your business ?
A. I he Boston business is very large.
Q. ft runs through New England from Boston,
and is a large business.? A. Yes.
Q. You are also using it in Washington ?
A. I believe we are.
tb?o ,TI!°,SB H"3,.10 6rent arferios to your trade, are
they not? A. Y es ; one or two great arteries.
W. 1 ou are using one at Buffalo ? A. Yes
• Q. These three arteries take up nearly your
whole business, do they not?
•V They are tlio principal arteries.
Q. Explain where you are using, llie auton.at.c?
A. 1 don’t know all the places but I tan
soinu. 1988
" q"' Yon are using both systems side by side to
lT yS ril ; exactly in what proportion I cannot
t0Q Is it not an ms D I t topi
with the amount of businessmen douitiijo
Moi-se duplex ; you know, ‘ tll.ltisnot
t&sss&zi -w
G You are the electrician?
A. lain employed asm. electrician, but that is
ontotinydei rtment ,ho company is
Q. The question, liowetu, "> 1 ,
to ascertain by wl.at means they can u.nKc
' .Wtk»o*o,„y
automatic ? 198»
A. I don’t think. I ever , t0 you about it?
nection with it. . ar, years old,
Q. The uutonintio Bam sj stem j
T^X'ww***'"'***
to do it, isnlt it?
patent 1 Ca""°l: S"y : thoro be other
Jie-dir set -exam i nation by Mr. Wheeler :
Q. What is this paper I now show you ? (Hand-
6 ino wi tncss paper.)
1S, fn"m of tlu3 l»l>er which I made,
using the double pen or stylus.
Q. When did you do that?
A, T did it last night.
A Yes 0h |S Sl,°"’" 0,1 H'»t dmwing-X ?
,7'" J’°". sllow. lo "le Court, IU.OI1 this pa¬
nt, i t 16 " 111 Ciese two pens are oper-
marks° 1Hl’0<l"CnH,e siffm,Is: 1,10 general lines or
murks are parallel, are tl
marks dots, and dashes ?
>t, the upper line
iiTTlVV b'ei,k 5,1 1,10 of Ihe upper
t, that tlie beginning of the mark on the lower
Imt s almost directly under the end of the mark
on Hieiipper line ?
Q: What is the reason of that ?
n m other pen had stopped,
wavtu Ti’ "'•0n tho lo"'el' mm'k follows in the
would 1. i 'Ar8,1 been ‘les(jrib0‘l. Hie upper mark
voir won/ the lower one so that
you would read these two marks as one?
A. \ es, sir.
So?Lmu,Vr-OUlai A‘aic,ltu 1,10,1 ‘hat there was a
mitt A eA Tl'.1 be,"e t'i'iisniitted from the trails-
m' t ng end to tho receiving end ?
A.v Yes, sir.
Q. And that is one continuous signnlt .
A. Yes, sir. '
Q. Those throe marks ? A. res.
Q On tho receiving end of the lino is this receiver
X is connected with the transmitting instrument,
is’ that operated by a change of tension, or operated
by n change of polarity ? _
A That is operated by the change of tension. 1 a8J
Q* And these marks then are produced by the
transmitting instrument which operate by change
of tension ?
q' That, H if I understand you correctly, these
dark blue marks that are shown on this paper, were
produced by throwing into the line battery A,
which is described in ease 00 as having 75 cells.
A. Yes, sir
Q. And in that way a battery force was put into
line four times as great ns that which had been on
before? A. Yes, sir. . 1990
Q. Battery B is described in the specifications as
having 25 cups, and battery A as having 75, and
when you throw battery A and battery B together
lliat of course gives the force of 100 cups?
Q. Now, wlmt solution did you use in the paper
upon which these marks arc imprinted ?
A. Ordinary automatic solution.
Q. Yon didn’t use the solution which you spoke
of yesterday as having been suggested by Mi.
Faraday? A. No, sir. ,
Q. For that reason then, il 1 understand j
correctly, that very faint mark which you can dis- 1J91
corn* upon the paper on close inspection was caused
by a weak battery i A. Yes, sir. , ,
Q. State whether, in reading these recorded s ig.
mils, you read them in reference to their absolute
length, or in reference to their relative length I
A. In reference entirely to tl.elr ie atne length
Q That is to say, I observe that the slioitu
the marks shown on this paper have got an appre-
• 014
Q. Those me intended for the dots of the Morse
Alphabet, are they not? A. Yes, sir.
Q. The longer marks are intended for dashes?
Q. Now, will it make any difference in the legi-
100* ir these long marks are half
le length that are shown on this paper and these
short marks are half the length ?
same N°’ Sh ! ilS l0"S “S tho rel|itive length is the
Q. (Handing witness paper). When did von
transmit this message which is recorded on this
paper ? (Paper marked Exhibit X.)
A. Do yon mean the exact time?
Q. Yes, sir?
■'!' J\s I1™1' ils I uan remember it was between 0
and 7 o’clock.
Q. Yesterday evening? A. Yes, sir.
1111 wl,i" apparatus was it transmitted !
‘ w1'11 a" apparatus set up in my
o cc, which might be described as the automatic
applied to ease !)!).
,0f ,;11 il tint wing is represented on the
blnkbottd’iX Y? A. Yes, 'sir.
wiL. vf £ ,tho “iwfownt-1 nppamtus about
"Inch Mr. Dickerson asked you ? A. Yes, sir.
Q. Ifow many ojiertitors were employed ’in vour
experiment? ’ -
eriuion'1010 tlnee pel'sons employed in the op-
l new ?' T!“'ee besides yourself ?
A. No, sir ; two besides myself.
W. W lint were they doing? -
secom?™ 1,mU "’"s W0, kinS t5‘e reversing key ; the
nnthltT W'S nttendi,,8 receive? and see-
s sstmsstsus: isa
Q. That is to say, when you transmitted this
message, yon made your transmission by the Morse
key instead of by perforated paper ?
Q. The other operator "ho was with yon
transmitting by means of reversing the polarity of
of a ch iii 'e of Mm electrical condition of tliu recen -
i„g instrument which was caused by the reversal
of the polarity of the current? ’
A. There is a change from one line to the otlie .
Q. Is there any indication of a change caused >j
a reversal of the polarity of the current?
Q.' Isn’t Unit the time when the change would
occur— that is to say, the time " ie» 10
passed from one side of the paper to the other .
Q.' That is to say, if I understand
take this instrument winch » bo tra„s.
pass on the line
through this polarized relay to the P°'nU ,
is shown at the point I now indicate m, thedwj^
l"8/ T- .U,nrt o? H "S a pass through, and the
rehmiiider' would pass through the upper of these
two pens at X, would it not ( A. xes.
Q. It would pass under the receiving paper and
then back to the other, and down to a (
A. Yes, sir. woirtd be 1907
Q. T„ that case this mark on ‘ m,u'k
made by the upper of tlieso 1 .
with a plus sign ; that is correct, isn t it .
si,‘- „f ., reversal of the cur-
rents,^tlio effcct'of^liat is n transmission of the cur¬
rents in an opposite direction ?
Q. That is.to say 11 to
tins magnet “0” and (lie rest -of- it would pass
through the shunt into the lower of the two nens
wouldn’t it? ‘ '
A. Yes it might he such as to pass that way.
Q. That is correct, isn’t it?
inna A‘ Ycs>sil‘» tlmt is correct.
1 JJ° Q. It brings about a result that is well known?
A. Yes.
Q. That is undoubtedly the fact as I have stated
just now ? A. Yes, sir.
Q. Whatever may be the mode of expression
which I have used ? A. Yes, sir.
Q. So that tile onlj- indication of a change in the
polarity caused by a reversal of the current, would
be a change in the mark on the paper from the
tin: mark made by the positive pen, to a mark made
by the negative pen? A. Yes, sir.
Q. Then, if I understand you, these breaks be-
1 099 t|vwn sif?nnls on one side, are breaks existing by a
change in the tension of current f A. Yes, sir.
Q. And the effect of a reversal of the polarity of
the currents does not cause those breaks, but causes
the mark to lie recorded on one side of the paper
rather than on the other ; that, is so, isn’t it?
A. Yes, sir ; it is.
. Q- ^r- Dickerson put this question yesterday,
then case 9!)i8a modification of the Kramer- that
works successfully.” You answered to that “Yes.”
Dul you mean to answer, that case 00 which is a
modification of Kramer, or that case 00 works suc¬
cessfully ?
2000 A. As near as I can remember I intended to say
it works successfully.
}Yllioh works successfully ?
A. that the Edison method works successfully.
te asked this question by Mr. Dicker-
ployed by Edison tn.case uu, were pmceu at me re-
reiving end of the line which was worked on the
Kramer method as shown in this drawing, Exhibit
1 U,’ instead of the receiving instruments that were
used by Kramer, wouldn’t they segregate the im¬
pulses of electricity that were being transmitted on -
the line so as to indicate which of them were caused
by a change of tension, and which of them by a
charge of polarity?”
A. Yes, sir; they would so pick them out.
Q. Would these segregations of these impulses,
as they are called, be effected by substituting Mr.
Edison’s receiving instruments for Kramer's receiv- H60'
ing instruments,' and would they indicate correctly
signals which were being transmitted from the
transmitting ond? A. No, sir.
. Q. The reason of that is, as you stated on Mon¬
day, that, in transmitting from the transmitting end jqqo
of tho Kramer machine each operator sometimes
employs a change of tension, and s< . -• -
change or polarity, so that he combines both to
effect, the signal ; I think you stated that on Mon¬
ti. I think you told us this was the fact in re¬
gard to these two instruments, that when both the
keys are depressed at the transmitting end of K and
K the effect of the joint action of the two batteries
MB > and MB 3 is transmitting a positive cur¬
rent along the line ; that is correct, isn’t it? -A
A. Yes, sir. .
Q. Thou if we have a positive current transmitted
along the line, it. would be indicated by the receiv-
ing instrument of Edison winch operates by a
change or polarity ? .
A. it. would indicate it in a certain position o£
armature, not in another.
Q. Suppose you, were transmitting a signal
from K that would bo indicated at the receiving
® instrument y was substituted for
lit- instrument shown on this ‘drawing ; now, sup-
>"s<\ win'll •vo" Unis transmitting!! rimenl,
on depressed Urn key. 1C Mint elmnge would be
change or polarity, not a change of tension,
i*oi i Icin’ | U J A. Yes sir.
A. And that; change from negative to positive
•on d lie recorded by (|,„ polarized relav, hat
I'oniiMna be recorded by the neutral relay, ’is that
Q. So that in this ease, while both operators were
•.'•mg to s.-nd signals there would beonlv one set of
islriinieiits recording that signal 1 A Yes sir
Q- And in that way. if that substitution were
1 ,lc or a double sending telegraph
onhl be destroyed J A. It would.
Q- \ on were asked yesterday in regard to this
"lo magnet at A'; you staled that that magnet
! 'I'1 Ill,l"'i"e if there were a break along the line
hde a message was being (lansmilled. Stale what
' c eel IS or would be on that magnet when
1 ' it) tut is closed, by the pen which is used in
nneclio" with the transmitting drum reaching
e or hesejmes on the perforated paper. That I
derslninl would close the circuit would it not t
V10 1 ;I1 lilI,! ttpoken or, to the best of mr re-
■lection, was in- connection with the ordinary
tomatic ; I don’t remember that the term tell
e Ims been applied in the manner you speak ok
1,18 magnet if is shown in con tied ion with
! 'mu ? A. Yes.
i- Aon stated yesterday that, it would show if
ire wore a break in the lino f A. Yes.
J- f you were triinsmitting messages at the rate
-a ) words a minute by the automatic process,
g perforated paper would this magnet K in-
«te these signals intelligibly ? A. No, sir.
i- Why not 1
Bu,:"uso Hw rapidity of tlio succession of the
vilnii lions intelligibly — Mm speed or tvansmis-
ssion would he so great that it could not per-
•m its ollicc with success.
Q. With flic ordinary Morse instrument, you can
stinguish Mm signals which are forwarded !
A. Not l).v the automatic.
Q All Mica that this magnet would show would
i whether, in the automatic method or tmnsmis-
:in, I lie circuit was broken or not (
A. During the sending by pet-rotated paper, l
iglit indicate other tilings ; Tor instance, a ground
i the line, or a change similar to that.
Q. That would be a defect in the circuit, woiildn t
( A. Yes.
Q. Having that magnet there would not, while
ie process or transmission was going on by ttie
iitomatie system, enable tile operator at tile other
nd to signal back that the message had not been
i-ceivcd correctly ! 2008
A. Not wliile sending by the perforated paper'
Q. Would it convey an \ T . ' ' tll(i s,,b'
cct ? A. No, sir. . ,
Q. To the opeintor nt the transmitting eiul
A. No, sir. .
Q. Now. von were asked some questions yeslL -
lay in regard' to this Exhibit P, this chemical quud-
-uplcx, as it has bcei\ called i
Q. Your attention was called to the quadruples
method as shown in the figure 7 on that
Is there any contrivance shown on the drawing .
ivliicli the operator, at tli receiving cud it >'« 00J
roundthu message was not arriving correctly, coiil
signal back to the operator at the tranauiUiitg wa
tlmt. saeli was the fact ? , , .
A. No, sir; I didn't liadmiy such device as that,
Q. It is not shown there 1 A. No, sir.
Q. Or course he could have the per Jonito • '
to express' that, he could put. l ot. the d urn and
send it hack in Mint way, and in that way t ^ ^
wnum uio iriiii.smi.sswn commenced : tlml
“«l, isn’t it. ? A. Yds, sir.
til wouldn't it practically take niiicli mon
procure the perforated paper, aiul insert ii
1 mm, tlian t lie transmission by the Morse
I lie signal 0. K., or whatever was itscquirii
es, sir ; it would in my judgment lake i
inie than to tap the key.
s a practical thing? A. Yes.
it laid such a connection as is indicated it
wing, lix. V, he could transmit and retnn
ige by a Morse key, and having that re
l the transmitting end, he would save tinu
metical conductor the business or the line:
diould judge he would.
hi were asked some questions yesterday it
to this bug-trap on Ex. V, which is marked
ml you said it would not operate at all oral
i it would not operate beneliuially when you
leiving messages, owing to reasons whieli
e on Monday. If it became convenient foi
mt or at the transmitting end to transmit
s by a reversal of the polarity current upon
se system, instead of using the perforated
nd then you said the bug-trap came inti
it by reversing the battery ; no, sir. •
will modify my question. It would conn
y when the transmission was being made by
ige of tlie tension of the current ? A. Yes.
d I understand you to say then, that when
transmitting by a change of tension, and
eimcal paper at the receiving end, and per-
inper at the transmitting end, the bug-trap
practical utility? A. No, sir.
u were asked this morning some questions
cl to the electro-motive force which would
red to make a signal at the receiving end.
a fact tlint the .electro-motive force which
ted to make a mark on chemical paper, is
lCl. less than that which s q i 1 tl Mown
rZ*- as the Morse apparatus is generally ai-
iged ; it could be made more sensitive if ne-
. invention which has been
S!. -* ■.
He. You have heard of such an invention?
a ^ von know, in practice, in which end of the
S' the static discharge is greater, at the tra.isim -
rfi" o7 p— «Tn
tat I tavo bwi ,n
hose opinion T have coniidence.
Objected to.
Q. You Imre never, in .the course of your own ex-
,’QnwS«ti'vtatt,JSSta. «"* *-
'TS1:— SJS.1..1.S.P— . •
sending end. . object of
Q. Do 1 understand yo. to s. J J dlffl-
tlie overflow dam, so c alled, is to ol.u-
cully arising from tliis static rbarge mi
A. I leave already said llnil 1 do I <> • ^
derstmid tin- rna.morin^-lHcthtie.
tlint connection tlio expression «« > umler-
mittingover a long bne”
stand by tlint expression, l a- ^ but if
. .
A. Only comparatively ; not as compared with n
long lino.
Q. You were asked in regard to the title of this
A. & 1\ Co., to these automatic patents. You don’t
know anything yourself in regard to the fact
whether there is or not a lawsuit, pending in re¬
gard to the title, do you )
A. No, sir; except this one.
Q. You were asked in regard to the title to the
automatic patents, and it is in regard to those that
you don’t know whether or not there are any suits
pending. A. Yes.
Q. You said you send 250 words a minute, lmt
that the electro-magnet would not respond fast
enough lo take the signals ?
A. To render the signals intelligibly, I mean.
Q. It would not respond if the signals were all
up or all down?
A. Not unless there was a' special arrangement
for that purpose.
Q. Any arrangement, you know of for the pur¬
pose with 0113- electro-magnet 3-011 know of to send
250 words per minute would involve a separate re¬
verse, wouldn’t it, four one way and four the other 1
A. I should have lo figure that out.
Q. It would involve about 7,500 vibrations ;
something like that 1 A. Yes.
Q. Do you know of any electro-magnet that will
respond to that rate 1 A. Yes.
Q. Have you ever seen it done)
A. Yes; I have seen it done at the rate of 7,200
vibrations per minute.
Q. That is half either way 1
A. Yes ; half either way.
Q. But wo have double that)
A. I have never seen it done.
Q. You have no doubt it would work perfectly
V I have heard that such an arrangement would
ive, because l have see t .lone >.s ^
inned i!y gcial’emen that it would perform at that
toiler about
«"V° ■*?!! ^eSo-»mg.mt at the other end)
not on a common
nagnet; there is a difference. clo ,ou
«. «■•*
*■* em,0,
_I think n properly conslruntetl polnri/ctl
lav would work at Chicago. would
Q. Any relays that you know of now
d0A\ don’t know about that; I think they could
te<r?ai°££ »one’s apparatus, don’t
‘'a.' I understand the principle of it ; I hare ne
"'a^Vheatstone’s apparatus has got “
relay at one end for the purpose of taking „ ,
hasn’t it) A. Yes. ii-.insmitter at the
Q. Audit has an automat c " them,
other end tor the purpose of Uansmitt. fc
Q. Se object of the
Q. YVlmt was it for) d 0£ tele-
A. It was intended to increase the spec
graphy as it was at that time.
thin- II nS'l 1Vl1'*n,ph ,Co- f. Imven’t
U ^ , ? ? A> 1 ,mvu s,) liwircl.
Q. I lie British government uses it i
A. I jiiii so informed.
mwO.Il'f is " ,;o'" to Iner fl , | 0f
ivilh Vi 1 y ,ra,,,"» h"° •'‘"•iieelion
-S r A“,i-,irr"'s " “
■el^,M,'>"U,ir"'° u,?nron*»’b t"<> sender
zed relay; !""1 ''"rodneesn polar-
A Yel ' h!" 'S °110 g,em element in speed i
n hi u te’1^ MmClli"U lm'S " *>f ISO words per
t 'Vil11 1,1 * 1 1 o i f I regard
; 1,'j, i^Mperl-ect'-, IPi lstono*s il|slriimentordevice
A. Nothing of tiie kind.
, )0 you ,l,ink .'’Oil could do bet ter Mian helms
O n !I,i,,k if,is !,s fnsf as it eould he madet
. . ha ideal eleetro-mag-
.... ... ' 'VIL,S ' "s '""e '» this country that will
A No •• l!'n 2(1 'V0IX,S l’er minute?
Sci&iKPUSS h, ■ll» W™*
•V mi158 ’."m°ng the highest. •
3ii’ t it? l,,St, ,,n,Cnl: h,,s 1,eon sent to this country,
Illti'y w"a ,,Wt ma°hiues have been sent
l S' Weie'sellt ''ere to have them tried?
I Iii competition with the Morse ?
1 do not know for what purpose.
Q. At any rate, that machine does not go above
120 words per minute ?
A. I have heard it so stated.
Q. And the reason of that is, that the electro,
magnet cannot take the signals any faster ?
A. No, sir.
Q. What is the reason ? 2020
A. Because, instead of having chemical paper, they
liavo mechanical means to push the paper up nnd
down, which puts a further break upon the magnet
at tlio receiving end ; that is one of the reasons, in
my judgment, why it is not faster.
Q. There is one paper pushed up nnd down,
nt the transmitting end <
A. Because his receiver is an ink-writer.
Q. An ink-writer will write as last as a polarized
A. I should not like to say it would ; I do not
consider that it would. 202tj
Q. This ink-writing pen is under the control of
the electro-magnet ( A. Yes.
Q. They are vibrations of the electro-magnet pen?
A. Yes.
Q. And marks! A. Yes.
Q. And tlie work of that pen cannot be made to
jo faster than 120 words per minute !
A. I have heard ; I have not seen it tried.
Q. Practically, it will not work more than 90?
A. That 1 cannot say, not having a practical ac¬
quaintance witii tlie machine.
Q. You think you could take the electro-magnet,
nnd make it work COO words a minute, if you had 2027
your way. with it?
A. By giving it less work to do.
Q. Such as opening and closing the circuit fora
local ?
A. Yes ; and by making the motive parts ris light
as you could, to do tlie work they had to do.
Q. Wheatstone probably did that, didn’t he?
A. I should tliiiik so, but I don’t know •, I have
seen the mechanism of the machine, and it didn’t
Cn,,Z ,l*1"
MiS' ,rn *)',?■' S,ll)1r ,Iln‘ Mr. Wheatstone, in gb|.
Ti <1i<1,*'t ll“ "'ofive
0 1)0 obcihi, 1 - 1 nlb con8islent Hie result
-•» <»>-
oni,eS; \VT\”lV. ■ 811 "’ °‘ *•1'° mechanism
might bo . delight"" J,Mlg° t'",t S0",e °f U
Inis doiloT y°" ",,Uk y°" c0"ld do mor“ lhan lie
about itV "S ‘V°m 0f I,0'v .vou would start
2029 ooi' sSu.is^’l^.'lu.n;^"0'11 «™Went tore-
Q. A polarized relay Ji
wiemical apparatus? A.
Q. \ou cannot make v<
t,mn Wientsl oiie'could,* c
ir polarized relay lighte
«■ Thai, he could nuikein W"rB llS'"0r-
A. Than l,e did make it.
Q n,v« v, tnBlla1,« experiment.
A. Only on ‘he subject 1
from others. * ve ® ealMid ^10m rending, and
joe?,' £1° uy°U 'a„Vmve W opinion on the s..b.
lU fundamental necessity that' you
should know how fast that magnet can bo charged
and discharged between Chlcngonnd New York I
A. 1 cannot state that positively, wliat it will, or
will not do.
Q. You must know Hint heroic you can have an
opinion that is entitled to any weight 1
A. I can form some opinion and judgment about 2031
it from what I have read, and from the opinions of
others, upon which I can rely— the opinion of gen¬
tlemen with whom I have conversed upon the sub¬
ject.
Q. You don’t know, of your own knowledge,
what that machine will do?
A. I cannot state positively, of course, from know¬
ledge derived from my own peasonal observation,
but. I have an opinion.
A. AVliat are the sources of your opinion ?
A. I have seen polarized magnets vibrate ; I have
conversed with others upon the subject whom I re- 2032
gard us authority, and 1 have also read and studied "
upon the subject, and from these various sources of
information I have formed an opinion.
Q. Will youjbe good enough to give us a reference
to any book that you have read and studied, from
which you learned, that a polarized relay at the end
or 1,000 miles of wire would charge and discharge
fast enough to enable the armature to indicate
1)00 words a minute (
A. I cannot recollect all the books I have read
upon the subject.
Q. Can you refer us to one authority which is
the basis of your opinion ? 2033
A. There is the report of the U. S. Commissioner
who was sent to Vienna ; that is one of the things
I have seen in reference to charging and discharg¬
ing polarized magnets.
Q. Does that report say anything about charging
and discharging a polarized relay in Chicago from a
reverse battery in New York?
A. Chicago is not mentioned.
Q. Nor 1,000 miles ?
a. Aor any long distance.
S '7^ «»d
line. • “ ltco,d iU such a length of
~‘!i,T“irr'1 “ °"fa» ■■ •"« ™t«»i «
. o i A. No, sir.
iwl j ■■ i ! : i v ii| C|',!"r ?',0<!r D^M Ulllti. (mlnr-
#3,l-srfe=rr-«K;
exactly. raderstnnd your meaning
impulse, doesn’t jj^,lli),dse ,11'ece^es an increased
A. It varies.
Q* Tlmt Is whv rimt'A ,•«
‘he tailings on the auto Lltlf>»nfriVan“ t0 cnt off
A. Tailings, in a l1i,!i tole°l'nPl1’ is»’t it?
follow after; S 011 se«se, are something that
Q- Both before and after, isn’t ,
A. It might be used in that sense.
Q. The fact is the signal will’como out in this
way : they will begin at a line point, swelling along
on the paper, and then come to a maximum of in¬
crease, and then dwindle down to a line point on
the other end i Q()„»
A. Yes, that happens. ' J!
Q. Which results from the fact that, the feeble
impulse affects the paper that would not affect an
electro magnet, and, therefore, this invention of
Edison’s is to cut the tailings off from both ends?
A. Yes.
Q. If you are reversing signals on sensitized
paper, the intervals between them must be made
longer on account- of these tailings tlinn if they
were cut sharply and squarely off?
A. I should consider it. so.
Q. That is one of the difficulties that the electro
magnet doesn’t have to encounter? 2038
A. I could hardly say that.
Q. Do you wish, to take hack your last answer ?
A. No. sir.
Q. (Handing witness Ex. X). Now, just read.tliat
. paper?
A. “How is this? The Allan.”
Q. That- was sent by n Morse operator?
Q. A Mhe rate of 2fi or 30 words per minute ?
A. I sent it, ns fast as I cculd manipulate the .
key.
Q. You are ail .operator? A. Yes.
Q. How fast can you send ?
A. 35 words. a minute.
Q. Did you send that message, 35 words a min¬
ute ? A. I sent it ut that rate, I think.
Q. You didn’t send it automatic.?
A. Not by perforated paper. .
Q. Therefore. you were sending a slow set of sig¬
nals ? A. Comparatively slow.
Q. Therefore there was a good deal of time tor.
tlie reversal without affecting the receiving papei ?
Q. If you were sending f.00 words per minute
Mien tile difficulty would occur, Hint don’t oc’
cur in slow sending?
A. The difficulty would begrcnler.
onto , Q< .Yo“ Hmt here for the purpose of
20d0 showing ih.it it was sent by automatic orperfomled
pa]>er, didn’t you ?
A. No, sir ; T merely brought it us u practical
illustration of how it wotild work.
,..„Qi' No!V U> s|!"."' in refeienfc to this difficulty
. lane been talking of i ■ A. That was my object.
exist?1 A°yoSsh"’ l1"" """ does not
Ite-dirccl-cxaminalion by Mr. Wheeler :
041 n v
«.i. .1 " " ert! usked just before the recess,
ether you had seen any description of such a
voii'sMn iT i'3 1,!\thi,t •V°U ,lnvc mentioned, and
1 , ,r r yo" suo" " description of it in a
“"'""winner, who was sent by the
Ui led States o the Vienna Exhibition. I show
el, iKn ' 1,01,1 iM I»"d. and ask yon
j.10 1.’il!’w|g° ,lf ‘he report to which von
K iel ? (Relerrtng to page 38.) A. Yes, sir. '
lirstTil,,!' -/0-"1 tl,01 l,i,SS!lS° question. In the
•u hi,SrU-,i' ,le,:,i,Utl description „f theappa-
iosTde, i, f ,'011(1> hut which wo will con-
“ “of tin* mi ‘ i ^ ^ll? electro magnets used are
“e,n nv v merl Pn,,en' l,er°10 described, the one
“ local f })1,pei' frame beingworked bv a
« ,!r;e"-! Mr- ^cv cU'U"* to™ recorded
“a minute T'Ti"’ 1,1 11,0 11110 of 20>000 to 30,000
! 1,1,110 *»* of his apparatus, which
‘ * occluded ’ tb° 1,"l1’0'' " hlch isi‘hout 3 by 4 inches,
“Stv Ti |IU minutes in passing under the
*' 1 he lines drawn by the stvlns i_„r
1,U'h "1)lut> 1,1111 « the transmitting paper tern
o to lie covered with dots placed at that interval
» Irt.tlio surface would hold 70,800, each of
» which would give a separate emission and record.
» making an average or nearly 19,000 per minute.
.. With a view of testing the accuracy of the copy.
«L the writer asked a member of the .lapanese
'(nil mission rewrite a message in his own bn-"
ogaage. and on passing it through the instrument,
“it was found to be transcribed with almost abso-
“ lute correctness.” That is the magnet to which
v«ii referred l A. Yes, sir.
' General IMler.- You say the Vienna commis-
shin made some experiments. How man} Ablu¬
tions did they find there?
A. As I read that paragraph, and understood it,
it was in the neighborhood of. 19,000 actual signals
sent on 19,000 vibrations, although the inventor
claimed that lie could get more than that.
Q. They counted 19,000 actual signals sen 1 1 ,
•\ That tliev could send. .
Q. And that by the vibration of the polarized
magnet? A. Yes, sir.
Re-crusx-extt hi illation bit Mr. Diekerson :
Q. -mat is what is called a pen telegraph i
A. A writing or pen telegraph
q. a sort of instrument by which } on „
fac simile of writingl A. Yes, sir. . ,
O You write upon a sheet, of paper with some
kind of an ink, which is itself, a »oll;0',101,,!t°'1’
then you place that on a re 1 . D '1 »1 ,
pass the polo of the battery across is ’ . .jv
anil the polo of the battery presses i - ■ > . j
around that cylinder ; whenever it comes to Ihi inK
which is an insulator, the current dow n 1
When it comes to the paper, which is n ad' » q|
diictoi* by proper means, (tlio)f vuii ■
«»«. U iiwlunco) Hie — = »• <
quen tly, a corresponding effect is pie
other tmd, by a peculiar apparatus foi that pi
pose. That is the machine?
" ""W'a - - 1
— ■math’'- - - < aa- v-.-.v'.: •„- 3^
n f'“t as 1 understand it.
''«»"'!';",I«"".t:ri:r^ra"" '* *«* »
20J(i !‘"(1 S&Eai1 11,0 ink onUtho",m°per‘
(t f1 k thu i “ending end.
2047 iiS^Br£'^,hh‘ki
().' tj! !m'!L‘T, . 1 T(1 tJS "", rl i,:-
S*,'""1 {'"rt'WHioInkpria^
Piobl,..,. » ontl <>r Hie factors of i]lu
fer<ilv!iiioi„(.|(,|,.'' ‘ll<1 °f " bel,»e done in Thompsc
''liieliiliu were put in, "t'nu;’ 11,1,1 H'erefore if lliis
;»'■« »
. Q-.h i» written win,;,].' ” 1,0,1 »nd ink.
f;".'e,t "ould take ,]J , ' °.n 11,0 l«'|Jer, and there-
ol»"“of ilia ink.wt0"°,n 11,0 Wheatstone n!a-
nnM '««. and write out W, ink ^
A. 1 should call the essential character of it dif
Cerent entirely.
Q. 1 mean that the effect that is produced is pro
duccd first by reversing the current 1
A. Yes, sir.
Q. Secondly, these reversed currents operate up¬
on an apparatus that is an ink-writer '(
A. In the sense that it puts a surface of ink on
the paper it. might be called an ink-writer, but it is
not what is known as such.
Q. It is the machine that operates by making ink
marks on a paper ? A. Yes, sir.
Q. It is not a chemical telegraph in that sense at
all ? A. Not as T understand it.
Q. Therefore, if put in this machine of Edison’s,
anda Morse tin asm it ter put at the other end, it
would become a Morse automatic machine, with an
ink writer iit one end and the Morse transmitter at
t he other end !
A. If the whole instrument was put in at the
other end ; yes, sir.
Q. You could substitute this ink-writer for the
Morse ink-writer, or any other, and transmit with
the Morse tinnsmitter, and that would be a means
similar to that used by Morse, in his early experi¬
ment, except, it would be faster, as you have the
machine faster'!
A. It would' have some of the elements in com¬
mon with it.
Q. It would he exactly that thing, would it. not (
A. Exactly with respect to wlmt ?
Q. Exactly with respect to the general mode of
its operation, naniuly, first the circuit is made, and
closed by Morse’s type machine or port-rule, as he
called it ; secondly, the current passes over the
line, and is reversed ; third, when it. gets at the
other end it operates an electro-magnet, which is
polarized; and fourthly, that elect) o-ningnet, polar¬
ized by this action, writes the message. In that
Sense they are the same ?
03-i •
oliiL)'111 1111,1 SU,IS0 «ro very much like each
Q. I! is the substitution in Mint origin,,] Horse
. *•
2052 ,i7' J . ”.Jj! .! ' ,bat question, because
iin,j me. so loltili v different.
Mr. DM,;;
it nsk v
J'ir (!,n‘r'-rU tku armature n Heeled i,
b' 11 1 1 1 ' i this ink-writer?
i.v way
thenia -7 Hke '° a"s"'01' Hint- question in
205;} lino it
v„nj. *«"" ,01! 1 >al lkls at Chicago, and lireak
d„ chi,... "? 7 Yolk> tllen H*'s "-011111 nor. '
...L'^sLuit t* ■? "■ “•
Jlorse^n'uu.hin,!''': slo"<!<* UP .someway as il,e
lenglli of M,e line''' * °" Ll* ,,p' by ,vaso" of i lie
l..iVinV«>,Nl,!;'t JI>“7*,,S0 diirerent ra,r|S
205 1 da v,' •VO"1®"1 to|ognil>ii to. Oranlm lo-
minute? * ’ ° Ill!ll!,llne, about twenty words a
Q Von ™n„rfl!0,,l‘1 tllink 111,11 ""'Slit i'o done.
a if """lot-do more tliau tlmt, can yon ?
lino and ."'r ,g00<l ",s"latio" the
things. ' ' Jtt ,,r tho repeaters and other
A li;vla,,inu 'vitllout ,l repeater ? '
1° m’- .mSosS'SSS “
Q. Then you cut. your line half- way and put your
instrument in, and you would get a great deal
more? A. Some more.
Q. And then cut in half again, you would get.
more, mid so on, -until you got the instrument and
battery in the same room ? A. Something like that.
Q. Therefore, in this apparatus in which tho bat- 2065
tery and instrument are in the same room, you
have no proof how a thing like that would work in
Chicago with the battery in New York ?
A. No, sir, certainly not.
Q, It does not tend to prove anything about it 1
A. Only what the polarized magnets can be made
to vibrate.
Q. Polarized magnets having a very minute quan¬
tity of wire and a very minute time of charge and
discharge, that is all it means 1
A. I should hardly say that. I lie quantity of
win- ads differently on the magnet. opgg
Q. Then we will get at the science of it. You "
mean to say that the amount of helix involved in
the polarized relay and (lie size of tile core is one
factor of the time in which it can lie made to act ?
A. O, no, sir; not at all. I did not intend to in¬
dicate that in I lie answer T made.
Q. Then when, you gel to Chicago in order t<
make a tiling work then
r helix
going to make it work across the n
if yoi - „ . „ -
A. You must have more wire around the iiu,,.
«. And a bigger core, have you not ?
A. Larger to some extent. 2(
Q. Larger in a scale?
A. In a given scale, I lyjlievo.
Q. Therefore, wluit. you can do across the table
in a room you cannot do at Chicago with the same
instrument, can you ?
A. Not without, some different arrangement or
adjustment.
Q. There is nothing that you know of, at present,
is there?
A. I don’t understand you.
Q. Do you know, nt present, of any apparatus on
oi. of this earth by which an eleet,oi,ag11"t i
Chicago can be made to work as quickly as an elec-
.o-magnet, n New York can be made to work, tile
oOofi J' !" t,llSL’s boi"g in New York ; if so
-°°hS, 7 th,U iSl lH!Cm,SU k »” vcy valu.’
wonli/ will? !,"Si”!>l? ,l.li" "V iosliumenl, that
worl- 1,1 Chicago, would idso
. ' * n|pwlbr 111 tlw laboratory, with the sumo
e\a<!^ arrangement.
means ‘‘1 ",t!. ‘I"™"'0"- you know any
work in ' i • ' " mlm,k‘ oloctro-inagnet that will
o.km tins room over a foot of connecting wire at
the rate ol 20,000 vibrations a minute can ho trans-
fuied to the end of 1,000 miles of wire and there
rii'tr ",o i'T’r °r ,),u ■*««* moS nL,
com lira nYca tc-dTo^'he Ivorid^ ? ^ to *«
lievii. or known.110 ",,Bh nrnm&*** b‘ "so, I be-
thlfore voll ml^ ''"I iS 1,0 s,,ub arrangement,
Q. I nany'systein "P in dHrenmt W*- -
A. Tile exact amount varies.
W. Jn any possible system?
A. \ on have to slow up, somewhat.
2000 in a room what°you’ cirnsee *0"'0body sll0"'(id J'°«
men t in Yew York ilID' medical instru-
' i> to it did !mt pSl o" f f>°00o‘-8°.««0
J on could set up a thing in Chico f °Ve tlmt
. Don, a battery in New York , “nd work
you can
from a battery in New YorkT° 2°’00° vibnitioMS
J >e" X01«> hecause you can do
that thing in this room with a battery and the pol¬
arized relay side by side ?
A. The exact speed ; no, sir.
Q. You don't know anything about the law
which govorns the relations arising out of distance I
A. Tito exact law itself ?
Q. Yes, sir. 2001
A. 'When I want it I refer toil; I have a sort
of indistinct idea, but I do not keep it in my head.
Q. Therefore, you cannot give the court any in¬
struction by which it can bo known wlint would be
tile co-efficient under which the machine would
work in Chicago when you have given to you the
effect in New York ?
A. Not without reference to the books treating
on the subject.
Q. It is true, also, that an ordinary electro-mag¬
net not polarized at all, take for instance one of
these little medical machines with a battery along- 2062
side of it, will vibrato ton thousand or twenty
thousand ?
A. I believe so.
Q. Yon would not infer that a Morse relay, in
Chicago, would record 20,000 signals a minute?
A. The cases are different ; I should make no in¬
ference on that.
Q. The comparison would give no basis for any
inference ?
A: No, sir ; not wlint I would consider reliable.
Re-direct examination :
Q. -Do-you practically. in the transmission of mes- 20C3
snges on the nutoiimfic system, send messages
straight through to Chicago without their being
repeated on the wire ?
A. No, sir.
Q. Wlmt is the usual distance to which they are
sent, in -miles?
A. On the automatic ?
Q. Yes, sir.
A. I can answer ns far as from New York to
_„3.' •n° •V0".klunv ho"' ninny words a niinnlo am
“°04 A. I cannot give Hie exact number, I know about.
Mr. Dickerson.— Evorv tim«
1,1 «*« line, .von slow it down ? P “ "®“tor
. A- Yes, sir, practically.
stSsloweiT 11,1 t]'° lL,l)ei,fors Hint go in make it
A. Every additional repeater ; yes, sir.
twitiSranaoZli^T"0’ ,'L‘I,WUe,'s m ,,se‘1 be-
035 JV)' ^><c^erson- Three, I think.
Chicago ^
system? epeatei, on the automatic
My'./eV/e S 1 * tl mitomaticafei *S USe<1
Mr. Dickerson.-
"nth the machine,
messages in Buflalc
ie of the difliculties
nve to recopy your
i. L <m i
lie-cross, examination by Mr. Dickerson ,
0t 11,1 tomti tic,
A. It has beeno1morofr,'epi!!'tem?
Q. So far as m h tlu* deftmts of that system
died yet 1 ‘‘S 3 ou know «'»* has not bee/remt
A. I have heard of its being successfully feme-
You lmvn’t seen anything done with it in
urncticc ? A. Not. in my own presence.
P 0 In vour own business down here you don t
know of any messages working through with re- ^
peaters? A. Not by the automatic.
■ q. Blit when you use the Moist- system, y \
work ihrough by repeaters 1 A. Yes, sn-.
Q When you send to Chicago, > ou have a re
peatcr at Buffalo 1 A. Yes, sir.
Geouoes lVlsi UEVIU.E, being recalled by Mi.
IVhceler, testilied ns follows :
Q. You assisted in the preparation oftlieexpei ■
imental apparatus, of which u drawing 8,v
the black-board, (Exhibit V), did you notl
Q.; Yon were present at. the experiments that
were conducted with that apparatus 1
Q Si you explain to the Court, the operation
of-tlio inii"iict O in its connect ior tl 1 ie o 1
ing of messages upon the chemical paper passing
over the drum X. Begin with Hie trails,. ^ms onof
a positive current over the line fi om t Y
which has the smallest number of cells; PP
that current passes over the line L. «A re»c he. the
point x‘. and then divides and passes pat tly till oug
the magnet 0, and partly through those t 1 •
and then back again to xa, and m> to c >
pose that while the line is in that ‘ I
liat current that I have described is *»“
milted over it, the battery A is
cuit so that a current of four times lie 1 ^
that which was previously transmitted is
the line ; what will be the operation at tin tim
that the current is thus increased, of the magn
° A. . When the increased current of battery A be
gins to arrive at the iU|J by th
clictiiicsi] receiver if Mn*
& rvr sr-
P. • As mm », g,:0l,n(1 t!'K«igIi k,
. iSniSdir; A of i; Tt
2070 mi oxim current oVreverfo r"* C°-’l! °r f,lllt ''l!|gne
resistance of tlio li,a. f tho con»P"mtivo iiigl
77"-‘ Court, — AVlnit von n >i
I'ocimvni! ’ ,llL'' ai1’ fI ex,ra ounvnt or induct
.
iiidiicrtire current is i! • C 1 1,8 extm eunviit or
«r
mi. . i 1 rorgoi to .two tntLt
Q. Win, ,1 j( ' """"entaiy dumtion.
(lii-on<r)i Ihis sliimi ci.,0,,;! -"1'1 ,,lo"Sils von said,
receiver is i)liiL.e,i (1 , 1,1 "liich Hie chemical
1 1 f 11 c , ! Z ;r v" 11 tw"'n
line current? 1 "lt l tllu direction of tlie
A- It win ll.o same direction,
ereiised on i"",1, Mx-I^hes t h ' h° ,.no,"e,,'t ",]*en this in-
tlio pen till! t hits tlieinin 110Illt °f 1,10 Io"'el'l)en—
"i11™ H» sigma hS " o TVk~ia th°
chemical papTrr ? ° ° be ’ ecorded on this
begin weak liccimse"^’^'^!!!!' ° thesi8HtI would
mwe '‘be .. bon, hS 'S'™’ TT d0es "ot
ridimllv • but tlio effect of this magnet Oi by send.
**;» ou.«i» >- r~™”‘ tjsar
ie signal, and to begin the signal sharp and delin-
e ; it increases its beginning.
The Court.- By neutralizing the effect of the nnr- ^
I'”wi.l..So, l»p.r.l.o.»ro.,,»r.io« r
unking it linger.
The Court.— When the impact first occurs 1
A. Yes, sir.
The Court.— It occurs more nearly to wards, the
Tycs, sir, af once ; the signal begins by- a well
the mark on the paper "’hen it be-
gins to indicate the increase of the tension of the
current is more sharply defined than it would be 2074
if there was no magnet there?
Q. Now, suppose while the instruments «r«r m
the position which I have just stated, and h. our-
rent is flowing in the direction winch you hat e stat
S ttobaJJ - reversed so that a negative cnrrent
is transmitted instead of a positive current
Q. That negative current will flow m an opposite
direction from tlie positive current 1
Q.' And' that when it reaches this P‘»"t X’ * 2071
A. [Interrupting.] You suppose then that e
positive current, for clearness eon* . from th«
ground at the receiving station ; it comes I
posile direction-a negative current. . .
O Tlipru it dividus in like niunnGr a-t. > P
it flowing through tlie magnet 0, and part' throng i
t \is I ' understand it, there is an instant
ocLIng auL lment of reversal when there*
.-«• Aow.whnt is the operation of this magnet 0
at that instant of change from the positive current
S. -SI'" “» '■ » i«
A. When tile positive current, which we referred
BmiSfn T1'* °T 0011808 011 tl,e »"<>. H'e electric
OmngnetO, losing its magnetism, now sends a mo-
which’ L,n,n,C.V0nv 011,T0nt °r olller direction,
s rw • V <1"'ect 0x11,1 c«»«enfc, that is to
«•'}, that its direction from x' to x« is in
tins same direction as the battery cur-
lent winch lias just finished. Now this
induction current of the magnet is conse-
t0 tl10 ,irst ‘“duotlon
cu lent of tlie same magnet, and most of it will cir-
enlnte through the chemical receiver in a di¬
rection marked by xs. X and v t . n
SingIimebe.t0Sendii" 1Ulv’nll(!e llt" 0n‘!0-
fore dm ’ •H 'f'0.!811, 1,1 1*16 chemical receiver be-
: Ivn of tlle negative current which is
h f r..llyi and tl,iswiI1 serve to lap over
Sn tZ tmic which would occur in the giv-
da h tslS I"'0 pn,*tad «“>* "ill be that
mi-jssaizz s.T'rs *"*•
SSSSj -«• -* « CX SU, X
rtyzzsstssrXRsx:
rombS V hU 'T’ and wl,icl* for clearness I supposf
whiKm!,rk i f:m,,d at tho receiving station,
ao" snliT!:f f, , V.rmiS f'roi'gh P. to X », will
the chemicil I >.bet"reen electro magnet 0 and
nosite to this no g'let,° ',.t that moment will be op-
n«to» >• ■- -xftiax t rx
„ revo— il cnrrerit, and *. <** nil =»"•
■"IS*1 '«« - «m‘* ~
;x;,t,,™i.»..%i.."» - . . *"«n“
T"q' How WOI Id tli . light .loul»t yo»*t^ »|
.....l— 1. lunglli in «»
the dot which should record the signal u
finishing sigpaj, because
it is in the same perpendicular line with it a o0f
“^•“CSrinip™ 1.
transmitted ?
A. It will he very short,
any way it will belong to tne y
Q. That, as I understand you to say, 18 8l'°j't"
the fact that if any such dot '> we i«c a aicll.
ginning would be d.recrty « “l^^on the paper !
lnr to the signal previonslj i • .)f
A. Yes, sii. lr wit . , connection with
Q. Ts there any other ellea messages pro-
the transmission and recoi l g connection
duced by this electro-magnet O. in tne
in which it is shown serves still for
automatic oil large X, you . maj„ circuit be-
witliout interrupting tlie oir ^^ the Coil of
eii'r
signal nt distant station, and to prevent the heading
in the signal. ,
The Court.— It makes it more distinct!
A. Yes, sir. Now, when the increased current
ceases tills electro magnet; in the overflow dam circuit-
losing its magnetism, sends a directextra current in
its own circuit of momentary duration. This extra 2085
\ current is on the line or opposite direction to the
\ lmttery current just finishing, and or same direction
{ with tile static discharge of the line which is coin-
( ing liack from the middle to home station. It helps
■1. to discharge the lino quicker, together with the
j overflow dam, by not only offering n path to the
( discharge current, but by clearing the line 11s I have
Ajnst explained. This permits the line to receive the
/ Aext signal quicker than it would otherwise. If it
dwes not quite discharge the line, it will anyway
sharpen the signals received at the distant station,
in separating more definitely the waves of elce:
tricity, which are flowing in succession over the
line while the transmission is taking place ; that is
Q. Is there any known electrical law by which
you can compare the difference between a long line
mid a short line, in reference to the speed by which
messages can be transmitted over them, respec¬
tively? A. Yes, sir.
Q. Or in reference to the speed in winch a magnet
at the further or receiving end, can be worked, on
such a line ?
A. Yes, sir, there is a law for both.
, 2087
The Court. — In respect to the number of vibra¬
tions that can be produced at the magnet at the end
of the long line, as compared with the short line?
A. Yes, sir, but I would have to distinguish the
two questions. Thera is one in respect to the ques¬
tion of speed in regard to the electro-magnet, and
there is a question of speed of transmission on
the lino wire . independently or the magnet, file
{ivai. if.iv i* tlint the sneed of transmission decreases
the electro-magnet 0, so that the weak signal of bat
hv if ”2 n0tf)bli if°m,pted on polarized^
I?”- thero ,s stll> .“Bother purpose for this
imyitt. llns magnet weakens the small current
b l wonlV'0?, tllr°"gh ^1G chemical receiver X
2082 bein* i! ?mnrk>
large current which may he comiu/oTT do not
attach „„y importance at all to that last remark
case is S.7T r r HW" "’ei,k6“5n« >'■■ either
point liaises Mfh rough0 tho^migntf O ! “
q"“ni Yes' sir leSS h'ansmitfud through x?t0"SL’
o verl Irnv 'd'n n,1 * !, f 1,10 operation of this
nd'Xrr ,1“ * 0 11 1TGn t f rom 'battei j A)!
current. arrives at Z it dl-
thelin t f ^'-rosistanee offered by
station, and the i t'r • / ® ground at the other
dam. The mrt of ’ through tile overflow
tothegroXVlo 'Ue,tl ltl ies from Z
■■mgneti.es th “ ^7
■■
SOSd'w^^nll/'VS "“‘•y 'may
this precaution is utful I ° ’S my ,on«
extra current takes CIfuit- This reversed
current on the line fron.To cV T*™ "S H,e line
K2* «^»foweBat firsfttl:Lr!°" L.r:
......u.mj ranotnr, lie sqn nre of M.e distance, flint
is to say, tha t if on a lino of 2150 miles, for instance
.von arc able to send 80 words a minute on
some apparatus, ir you double the line and
I""11,8 f 500 "to speed will be £
turns less or 20 words. Besides this, them
s another trouble which arises, and still dimin-
•shes the speed or transmission when you increase
lise hare 'r01 "n “l1";. VoU ,m,st "ll(1 «» time of
f ""I 7 of tlle lilf0 distant.
11
Q. Now, what is the law in reference to the nimi-
ohn‘ wb'l >mr°"S °f fho ,mmUmu ,,f i polarized
£ld 'eM,enC0 ,0 tl10 which it b
ilaudfiom the tin asm i ting battery?
”ow,mt is the 81,60,1 °f a i,ec,iiiar
lie^'rn tin' wil'i ! i 1 U,!tl.0ls".",ul t,,at yo*' Jrnve given us
r traiisi. • • ‘ 0XIS S ,"'llh reference to the speed
11 • tinnsmission over tlie wires ?
Im sneed’rTft llilVe 'IO"’ to consider, as I said,
lint T ? r ",g,lu!s sol,iu'itely, and to add to
a.ir, tlie trouble from the line.
le 'n-Jitn’t ^ ^ 0'i " bnt °^<!<;t is produced by
umber len°"' °r t'"’ line upon the
? ibrations of the magnet at the end of
:;!v 7^rsr vjKgX"
d f oriviiKis sommW at as a b<7‘ "7 ’ bll('Ms
you have wavs to ^77VM l''1,ipe'V0"ld; b,,t
J s to get rid partially of this last
s*"»rr£*” -
in succession o' tU(j lirat wave has
arrived. “ -JT ^t'S^es^200'
waves well dellned.l ot „ „M „t a
well defined in succession ut Mu ' « wlltall in a
ceitnin sptitKl, niul l . .* «u^e speed,
lniiomtory experiment would =* g It wouia be
tKen it would record titan. ' • '« • are
.able to record those waves of electliut.'
making.
transmit signals directlj °'o _ Us us„i3rare
BOO miles, hut even at that d'st - o£ the
or unusual, because then the while the
company* IB to 100 words troubles
tiunsmitting is done oi u beginning ;
on the line to which I ,e*Jj|’l0.lr . impossible to get
1 do not pretend to say tlwt it is i up
more. I talk of what they do. lneiei
send more than that. „ .w'niOwords a minute
Q. Do I unde, •stand you that h rf cil,
would be the maximum ^ J ractTcaUy con-
cuit on the nutomuMc s.'siun l 2093
dueled ? A. Yes, sir. „„ rtmt distance 1
Q. What IS f1.V;;- ' u ro,u 70 lo 80 words.
A. It vanes as 1 tout
Q. While it is working ' automatic, or
m« ^S,!he ree' is ,,seil>
"" .°» '""'T worth* day ,d bu tnills'„ilM dm
nu,-: 'J'lioueT'l1^™'^'1'0:1 in "'0 following ,„/
,mve observed v..n- (,r, 11,1 ••"fol"ii!ic ojiuniidJ',
«".V warning iu , V ,nyse,f' girl
£“«• "»« how !‘> «*> «•!.., t li J
served Hint on r0„,.*. . * <iol,lg ; and r ..1
;««. issi, r' "ra" «s-i
, t0 1,1 sending pi.o : H,0J spent only one
■o reel of pnpei. die ’ .J>“,lc,ng. autoninf j,:a|,!*
1 «li,ig „„ jfo 1 ' »««'« minutes being, 3
20nfi J'«r machinery . fIle* * ° .l,«» or i„ ,]xi° /
src? ,m,~ •-«* <o lie Sr w,,,’ch iss-'-
325 "y f,,,o.se
0,iC ‘ aB'wS; ^nSSS^ «ot
line, been ,L * '""*v be glen ter if
lS2”l
A. Yes, sir. ,
Q. What isqlie proportion of time consumed by
these delays, when you me working ; autonmticnllj
with a short circuit, say from Now York to Phila-
d°A.' It is wlmt I told you, they lose about three
! minutes in four. On a long circuit, they may lose-
four minutes in live. . ,
Q. Would any practical advantage be obtained
|.y the use of an appniatus such as is shown in Ex-
fiibit V, and if so, wlmt ?
A. The advantages cd this apparatus would bens
billows : As there are several, I will have to state
lliem separately. You could transmit automatic
lii the reversing side. You can ree it would be ie-
ceived at the chemical receiver where letter Y is ;
\r this purpose a polarized magnet, as said m spec-
nation of case 00, may be used ; for instance, I
could put Mr. D'Arlincourt’s relay which was pat-
cated in 1809, in France, at the place where polni-
ized magnet Mis represented in the drawing of
case 09. This relay will record 900 words a mmute
from Boston to New York without the slightest diN
liculty. 1 did it myself, half a dozen times. I oon-
structe one, and I have it. I made some mjprora-
ment in it, but I am at liberty not to speak of it.
1 have seen one in the Western Union Company s
office throe years ago. ,
Q. Goon and state the other practical “dial
tages that will be derived by the use of such an np-
Two could still work automatic at the same time, 2099
on the increasing mid decreasing side on the chemical
tonmtic, either one or the other, ‘ be b
interfered with by what is done on t «
and decreasing side. The only precaution to be
taken is the following : When the operatoi on the
shoulder or tl o ol e «'«
W» on the revSL si, 1 "'olk"'S ^ide
to slow considerably Shi„ o ' “I*1 tul1 ,nm °Mer
*”*. and »ud7o iSyb,i C r to -Uo
mg Hint lime. Now thfeml? 5 correcting dur-
plexed, mid then yon Coni(1 ppamtus could be dul
nnitie, as I haV(J j*"1' of course, work «„t(l
sides in the sJ.llllo l ne<1 0,1 tlie two othrK
the speed will Lt .m,er- 1 Wi«« ‘I, al
1 believe that it „.;n B <l"ll(Irupled ; buS
je t . 1 1,1 *' " I t ,bo, it 3(J
automatic wire as , ’ be - on a singffl
tic and Paei/ie ' '™rketl V the Atlmffl
xsis* ■^STPiL'is^
1 jn that^l,"wS!^M2xhii',™lV f® appa,-ut,,s. s^ni
tire as a useful thin- in the pniotlc,l,|y opera-
onu. ctreiiit or tlie°len-tl, I ,J yo" ,lave described,
Boston, or fe Y ° K,t"l'cn New York and
A- Yes, sir. " Wk and Philadelphia?
May 10, 1877.
•tm-exami nation of Mr. D’Ixeiikvim.h i»j Mr.
DioKEitsox :
Q Tim question that I raised on your predccos-
„. was that that overllow dam was on the wrong
,d ot tlm hue. Now, I wadt to ask you whether it
ou the right end of the line, or oil the wrong end ?
A. You call it an overllow dam ; 1 don’t call it
Q. That is what it is called there oa the black-
"a. I ilon’ t call it an overllow dam ; Mr.Llttle called
an overllow dam, but that would not be tliu name
mt I would give it myself.
Q. We will call it by that name ; it is there marked
n the figure ns you see upon the blackboard ; it
as been Called that all along, and we will not mix
wins now. With a line between Buffalo and IS ow
fork, and with an overllow dam, as you have got. it
Imre on the New York end, that lute would not
rork an inch, would it?
A. Yes, it would.
Q. That is to say, you would need an overlloi
lam at Buffalo, would you not ?
A We use in automatic telegraphy, an oi allow
lam at both ends, U we wish to do so, but it is a O
iolulelv needless to have an overllow dam at
o von is this : If you run a line from Buffnlo t(
Yew York, and if that thing culled mi over lav
lam was put up in New York, and notl . g in u]
it Buffalo, it would not work an inch, « ould it ?
A There is an overllow dam at the roceivinj
“f iSSSSlo,, Ml ,0., i~. e»t
hSSi Vo* to IMMo, :
Q. That is the first thing ; now, wlmt Mr. Liltl
did or got a patent for doing, was to pm up wha
lie culled mi overflow dam at Buffalo, next to th
receiving instrument didn’t lie ?
A. Yes, sir.
^"a ,l.e (|i(1 f«>r Hie purpose of produc
crfbecl? k"Ml °f "'l,i<!l, you have de
ovtllS’,?,n;.t,lel'°"',,S n° oh**r*™m* in hi,
tion‘ ta0tv;!f.kinS y?U quo.
- fl ' ^ou ",,s "Iictlier lio did not put tluii
for tlie purpose of producing the kind of effrel
« you say that, Li, dan, produce,
onisnm1?0"' w,mt obj'ecf' I,e ill View.
A. Yes •1,S f° CUt °'r tl,e ti,ilinSs. ""isn’t it 1
3of HnSnc,^1 f T l°.Wt —on
sist inee,-, l Vl , M b 1 ’'S Kon,,,"ltal in Hie re-
AW- , 13 p,,tl,,t0 l>is overflow dam ?
A. Which he put into h.Voverllow dan, ?
Q. The resistance coil that ho put on that, didn’t
11,10 * nii,gnet in the center of it ?
A. No, sir.
Q. It was without a magnet in the center?
it?' TJmt "'ilS tlisc°vbredbyi>rof. Henry, Wt
think Prof! ^Rmvhind or' 111)011 1 that ; I
Q- You have noAenixlof' ^l,‘1’,,li.soovfed
before 1830? A. No sir °* lts ^eing discovered
Q- The extra reread current which comes out
the helix will lie m noli stronger t
licit comes out of a sti
Q. Therefore, when y
Trent, you put your v
it lino? A. Yes, sir.
■ant an extra reversed
nto a coil in placo of li
A. Yes'; when you want to got more.
Q. And the reason is that the helices operate m- 2108
ictivcl.v upon each other? A. Yes.
Q. To produce the effect? A. Yes.
Q. Mr. Little undertook to make Ills overflow
Q. He had olio double helix without a magnet ?
A. Yes.
Q. And the effect of that helix was to produce
li inductive current that neutralized the static dis¬
tal. Then when Air. Edison came along he put a
oft iron core into the helix?
A. He got a patent for that ; I know that.
Q. You say that Air. Little did not gut an indue-
ive effect ?
A. No, sir; it was simply an effect.
Q. You would call it getting an “inductive er¬
ect’’; A. No. sir.
Q. The thing which Air. Edison got a patent for
vasat ing which made the automatic telegraph
a the hands of whoever owned it, improved for
, v, irking over a long line? A. Yes.
Q. Mr. Little called it an overflow dam and Air. 2110
Edison called it something else; that is about the
whole of it ? A. Yes.
Q. Now, you have got your line to Buffalo— your
chemical line-and you put one °r tLoso overflow
dams or shunts at New York, and don’t put it at .
Buffalo ? A. I did do it there.
Q. I am not speaking about wluit you did on t to
picture; no matter about that; I am speaking o
aline between New York und Buffalo. Now, u
vu.il, Miiug hi nuw i one aim not at
Buffalo, it. wouldn't work a inch, would it?
-A. Yoi; it would work. All overflow (lain or
magnet at tin transmitting end is three times as
important as at tin receiving ontl. It depends a
grant ileal upon tin oireii instances of tin line • the
lu insulation of the lino anil various other circum¬
stances which have to be taken into consideration.
Q. Suppose you were sent to put a lino up at
Jiullalo purely automatic, where would you furnish
tlie line with an overflow dam 1
A. At tho transmitting end, and not at the re-
ceiving ornl.
Q. J ho pa ton t put it at file receiving end ?
A. I don’t know wlmt the patent did ; I have not
examined it.
Q. That thing there called magnet O at the other
end, is an overflow dam, isn’t it!
i ^ ^ is 1111 overflow dam for the receiving iaslru-
Q. On tho picture? A. Yes.
• r?rmt£,!ns V 0,10 end o'’ r,le ofl'w tho mb.
]ei.t of Mr; Mison s patent, and- is owned by the
plain tills in this action 1
A. This patent is more than an overflow dam.
,, ;m; oll,-v spunking of it for tlie purpose of nn
overflow dam i A. Yes.
Q. So tarns italTects the receiver X at tho ivccir-
n!o UIUVlt 18 1 !° !M"S l»y Mr. Edison for
pai?y? ’ !llU ‘S °"'n0d by dle uutoinatic com-
A. It is a patent of Air. Edison.
Q. In the drawing you have made on the black¬
board you have got case 00 in all its parts ?
tho *V\mS 'll the transmitting end ; as
■»
* ’f, 11050 :m. H'ings. or course, that are common
to all these devices ; with the things which are com
moil added, you have got 00. there on tho black¬
board, perfect in nil its parts ! A. I thiukrso
Q And those modes of opening and rinsing wit
or without springs are comniim in transmitters ?
A. Yes; it could lie used us a transmitter.
Q. Cnsu 00 includes, or course, any polarized r
lay? A. Any known polarized relay.
Q. As did the inslnimeiit that was at Vimm
whatever it was? A. Mayers. ; .
Q. That means Mint case 00 lias it in the c
pacil v to attain the highest possible speed which t
electro magnet, of any construction, will afford 1
means of doing i , , .
A. No, sir; on the chemical receiver tlie elect
magnet works too fast, for any sounder to rccei
by sound, and it don’t make enough noise ; j
could only record on a chemical receiver.
Q. lint Mayer recorded in ink upon chemical ]
,\! I don’t know inyselfnnytliing about Mayo
instrument.
Q. That instrument is ail ink-writer (
A. 1 cannot swear any thing about it; 1 have i
experimented with it ; 1 have read of it in a llo<’
Q. You have read in a book that it- is an n
A. Yes, I have read that it is an ink-writer.
Q. It is a relay working an ink writer?
A. Yes; 1 have read so.
Q. When it works Mi;.- ink-writer, it works t
great speed ? -
A. I have not stated that ; I don t know a
tiling about Mayer's instrument; I cannot it ns
about it.
A. Tlie book which was produced here coiitm
a description of that machine.
A. I have hot read that book.
Q. You have read enough of it to see what tl
is about the Mayer machine ?
A. I have read a portion only, of wlmt was i
about the relay and have looked over genet a
the rest of the book. . .
O. You don’t know whet Iter the portion
Q. It is it pretty old transmitter? A. Yes.
Q. Therefore, fitting up this machine with n
ooive, uouldn'
2123 A. Mr. Meyer snys so, and I suppose so ; I believe
so on e short circuit. 1 don’t think it would work
on the line. It is very dillieult to suy in . . .
of what ('.•m or en limit lie done. Every part of that
' instrument them (Ex. V) has been tested.
Q. Down in youroilieet
A. Every part lias lieun tested on line work
•Q. Sepainle parts f
A. No; working automatic. I have seen it work
on tlie iini-fhe t'linsmitting anil receiving parts.
tf. Unit drawing is made upon tliis livpotliesis.
is it not, that the polarized relay is going to work
2I24 nmler the re versa 1 on the line fast enough to keep
up with the chemical paper t
.. V. ' ’■ 1 . speaking of the operation over
the line. Chemical paper can record 30,000 signals
in a minute.
Q. Inking Omaha ns a basis of calculation, and
talcing J O feet of wire to lie brought in comparison
1 'f1 Hjen would get about 3, 000, (Hit), 000 of
li'ivc stuT tllUS‘il" t lille "|l"" 1:1,6 hiw that you
A. Whi| t speed do yonsh6."t from (
Q. You say tile iMoivie will wih'f 20 or 25 We
will take 25? %,
21 25 A. I don’t know ; I never saw it. S ' ..
Q. Wo will assume it 25. The law if applied will
come out iis I have stated, namely, that there will
be some thousands of millions of vibrations in the
inversely as the squares of tl.e
tnm iimie’ S«„’ 1>l't fllat is ,iko overy law, it luisacer-
still lam t’f hiw, which is a very stable law,
SHU has its limits; for instance, when you come to
i tlie Mayer instrument would r
make an electric light, you cannot apply tlie Orno
law to tlie sparks of electric light..
Q. 1 am not asking you about that, T am seeking
to institute a comparison, a section of wire 250 feet
long, with a line 1350 miles. Would the law apply
between those limits ?
A. I have not experimented, sir. -1-0
Q. l)o you think tlie law would apply between
those limits 1
A. It would apply oil that long a circuit I should
think. ,
Q. Then there will bo something like 3,000 mil¬
lions vibrations in the room experiment ?
A. That don't come from the law and is not
derived from it no more than when a certain mag¬
net attracts an armature at a distance of one inch
by a certain quantity ; it you reduce the distance
by one half, the attraction is increased inversely as
the squares of the distance. 2127
Q. No matter about going into analogies ; you
have stated that tlie law obtains in compaiison be¬
tween.!! line of 250 feet and a line 1,350 miles ?
Q. And if it so obtains, then you would have
thousands of millions of vibrations on a line -•>
feet long 1
A. Yes, I don’t say that you eoulil transmit
those vibrations; t don't think it has ever been
done. " ...
Q. I inn not speaking about that. I will co
to that by and by. Now, the fact, is you have
got all the factors stated, have you, in regard to ti e
question of what can be done-ut Omaha, oi Olnca-
go, or Buffalo, when you undertake to apply the
law that you have been talking about; one o
thing has got to be considered, which is the amount
of power that, is developed in the instrument at the
receiving sides ; that is one of the factors, isn t it I
Q.’ Thai is the 3rd factor in u i} c .Ion lation 1 hih
you may make ?
IfeAs-TT
A, Yes ; it is one of tho factors.
Q. Thera is ii sot of factors Mint lmvo to bo taken
into account first, the vibrating capacity of wlmt is
vibrating? A. Yus.
Q. That is a factor independent of ulootricitv al¬
together? A. Yes.
21'9 Q- Then there is the amount of power to lie de¬
veloped by the vibrating armntnro ? A. Yes.
Q. And when you get the vibrations of the arma¬
ture, or when you attempt to get the vibrations vou
neutralize tho effect?
A. It don’t work well.
Q. It is like discordant music ?
A. Yes, sir; something of that kind. •
Q. Now, of course you would put upnt Chicago,
as you have stated, a short core magnet in order to
“ Las f;LSt as 11 l;oiiU1- consistent with getting the
ponen I am speaking of an electromagnet ?
2130vih ‘ VS’ Si,‘; 11 receiving Morse— no, not. necessa-
1!,J , 1 camiot «t!'te now what kind of a magnet I
would put mat Chicago, but ir you will give me
the length of line, and number of batteries, the in-
rn i rr,-tlle l,,,e- 11,0 exact dimensions of the
,!Verytliing else necessary for
e o ''10"’- 1 wiU ,mk» 11 calculation by which
the maximum power can be ascertained.
that van ll'! **"?*” of «■« greatest sjieed
vo , , ’ i f OVar tho you would make
or H, . lal *'e|ay at Chicago as small as possible,
sut iclnt11!" -1' ,"'e C01U as s,na" "s would be
2131 yon ? A Yes*'0 nccess"r^ I?0"'w» wouldn’t
no?e ? in tl,L* (lmwing, for the pin-
made n»S oS S1°"aLs aS fast »« possible, would be
power ? T Yes “ C°"1<1 ",,rt C0,,VL,-V tho
sttSiccharaer'v ° l'si"S il tO L f
would not bm 1lhe,sll01't core magnet concern
ouia not have much effect, would it ?
• es ; but you spoke of the patent of Mr. Edi¬
son’s. That is adjustable ; by that tho magnet ho
Q. Iain not speaking about Mr. Edison’s patent?
A. In the case yon have named, I should expect
to adjust, tho magnet, and if necessary, make it
l0"S°r- . , Oioo
Q. Slow down your receiver ? - J
A. Slow down the bug trail.
Q. You would do that for the purpose of making
it counteract, the static charge ?
A. Yes ; to bridge over the interval.
Q. Now, another thing, the armature that closes
two poles of the liorseslioe-niagnet is called a
“keeper?” A. Yes.
Q. And it closes a continuous circuit around
through the magnet ? A. Y es.
Q. Now, that keeper is off when that (Referring
to diagram) side of the line is not working ?
A. Yes. , . ,,2133
Q. When yon come to a dash or slot, it would
come on, wouldn’t it?
A. Yes ; it might come in when you work fast.
You can adjust the spring very low on^ that side,
when vou want to receive automatic. You can ad¬
just the spring of the magnet by simply giving a
turn by the left hand, and let, .the armature come
til) closely against the magnet.
Q. Let it stav at home practically ! A. Yes.
Q. You would, bo merely suspending automatic
in order to work the lmg-trap?
A. When I am working automatic, I can turn my
spring nt once, and work the lmg-trap. It is a com- 5134.
111011 thing to suspend flic magnet for receiving.
You see operators very often with their left hand
adjusting the spring. , , ,
Q. When that keeper is down on the electro¬
magnet 0, it has about 2000 times its inductive
power, sis compared with its inductive pouet "i 1
the keeper up? . .
AT think four times on a regular line ; the m-
dilution is tour times stronger when the armatme
a common magnet is closed.
unius ( j\, i r.ninic it is about
lliat ; it is so slated in the books, and 1 have eomo
pretty close to it by personal experiment.
Q. Look at this work on shunts by Pierce ?
A. I have seen it.
01 ** ?• T?" ,m'’° h 0:11(1 01 Lim haven’t you ?
-too A. I know him by reputation.
Q. He is an authority on electricity, is ho not ?
A. He is good authority on electricity.
Q Suppose the magnet to have only one core in
ike'su, b (showing witness drawing i„ book I
take such a magnet with one coil or one core and
StZld^a,,,!,gnet,:aVinff 1111(1
ducMonT' d y°„ Say W,ls tho difference in the in-
A. I had not undertaken to go into such -i
pare~‘ ZT"' ' ^ ^ ^nt to 0°:»-
vl,irl',Tl / Slll,i°cf of inquiry to
2 1 30 a. I shoo l iii1" lilV'; ’’f1 VUry liUI° uHention,
“a. 2y 1 f 1 11 01,1 t
question • T do ? & ,l(ly before answering that
encein that case would be the differ-
»,»!, I, 1 *> '»«
Q. Supposing that to be true, then you would
have an inductive effect between onb and four « 1
1„- C°‘( ',{e pl:ly or fbo armature, wouldn’t vou ? '
wiHiitV1"0 P',,y °f "le ll,,lnat»re to do
in«;a^rys,rk,,ow w,,at u ^ ,)o
A. I did not say that ; I said 1 observed the oper¬
ators when they were working and when they were
doing better than that, and when they were mak¬
ing!! better percentage than 1 gave yesterday. 1
spoke yesterday of working what you call the bug
trap ; when they wanted to use the automatic at
rail speed they used the other relay for the signals
and sent the automatic along as best they could on:
the other wire ; they would use the quadruples : ar¬
rangement on one side to send the automatic right
along and thu Morse on the other side and in that
way they could probably get a better percentage
than that I spoke of yesterday when 1 spoke of
using the bug-trap.
Q. 1 want to get at your intent ; did you mean to
tell the Court that your observation was that when
they didn’t want to send a message they didn’t
send it?
A. I didn’t say that.
Q. You didn’t meant to say that?
A. I don’t a udei stand that question exactly.
Q. You told his Honor yesterday that your ob
serration was (and I suppose you meant that that
observation was uniform) that the men were only
working one minute out of four, and that the other
three minutes they were idle?
A. In general, perhaps that might be so, but
they can make very much better time than that.
Q. As matter of fact, taking 'the whole organiz¬
ation together, and all those elements into account,
you could not send more than one minute out of
four, and the other three the men would be idle or
chafling between the two 'ends, fixing up reels,
. A. I didn’t say that ; that might beso, ordinarily;
but us I said before, they could do very much bet¬
ter than that; that is a matter which is under the
direction of I he managers of the office ; I have never
inquired particularly about that, being out of my
department, but I have seen them in one in tin t
rush messages to Buffalo and they were not losing
cause I mis speaking generally and taking i|„.
n vertigo som limes Mum. operators send lift,,,,,
words and sometimes twenty-live. hut liow ean von
tell when ! • "
Q. I do not wish that there should lie nnv mis
um erstamnng; did von mean to tell his Honor.
th,lt> "lfl1 messages in your olliee. which were to be
sent, vonr line could not send more than one hour
!' 1 of m!,11 fj'/f «>» -f the time it had to
lx, occupied with different things?
A. I didn't mean that.
it (|f I!!!'! "T"W l,,,v.e ,HH>" e,"i,vl-v flllsi'. wouldn’t
II you had meant, it '
A. Yes, sir; it would have been 'false.
. ‘ , "/ •' °.11 ,,,e“n* t0 say that what business you
, ferent thin™ "T r0" a * "'Hi Hie dif-
2142 , „' "rs •'ou •'ave mentioned I
(V T|l lt 'S n® 1 lli,vu suen Hiem working.
|, J; s, l!VSf f °f observation was, that this
, of tKmsimss.on gets off the work in the
' co,,,es ''I, and that there is a
gnat deal of idle time of that kind ?
that r".!!l-gi'.0i '’I uk“i,r !,"s"crin lego id to
send r . 1 !e ° ",!f 0l)el'a,°r, ■* Why don’t you
“l)m;ir\j;ra^S ]>%v •** a,,<l he said,
nuitle’ihe . W'ok i,s,w l,,,t ‘“•■Klii'g amol
lake niesciirit r" '! ,J,ko '’"miicss faster mid will
0 ,l,e H'lplex would.”
214,1 \ We lvu ’! "USf ‘lily of re,y bad condiiclivil v 1
0 „ . ,!Ul 'Tn ^e|a.ved in business.
if mis *i I'inii a0t "*n,,8f of •vo,"‘ delay, hut because
mis a laid day, wasn’t it?
-• was not on account of deiav.
delay ornniT °htiUns tIle Si,mo "bether there is
teni has hotlBn* 1* l*,BS!,,ne> the automatic sys-
• ^011 said in fact, as I understood you, and as
60S
von wished his Honor to believe, that, if you put up
this quadruplex shown on the blackboard in your
automatic office, you win Id i tl l
r automatic sending wire about four times
\duit it is without tliis apparatus 1
A. I didn’t say four times, I said three times.
Q. Did you mean his Honor to understand, that 2 144
if von put in your office the tiling shown oil the
blackboard and sent, from New York to Boston
over the automatic side, and kept tile other side
for such uses as might be desired in connection with
automatic sending, that then you would increase the
rapacity of the automatic business over tiiat auto¬
matic side from New York to Boston three or four
times 1
A. I said yesterday,' first, tint that thing on
the blackboard I was duplexing and that it would
then he a qnadruplex ; and second, I didn’t, mean
yesterday to speak of it as working in the way wo^g
have talked of it to-diiy ; we have referred to if1
to-day as another manner or working: I didn’t
lake account of that manner of working yesterday;
I spoke of working automatic on each side.
Q. I will put the question to you in another
sense. Do you mean now, to say to his Honor, that
if you set tip that apparatus just as it is shown on
the hhiekhonid, with the sending end in New York
and the receiving end in Boston, and then pro¬
ceeded to work the automatic side in sending your
messages, and to keep the Morse siiie for an uiixil-
Inrj to the automatic side, you could send three or
four times as many messages as you could without 2146
the aid of the Morse side 2
A. I don’t mean three times or four times, but 1
mean one and one-half.
Q. You say now one and one-half?
A. I mean 00 per cent. ; I would send automatic
on the increasing and decreasing side, and 1 would
send Morse on the polarized relay.
Q. Then you send with automatic and with the
Morse besides? „
000
067
A' i e fl ls Hior j nit which must Im
brought to light, nntl is the interruptions wiiieh
come on the automatic line mid xvl.ieh could l,a
“ -° ?!'S<i Si,!° ; fl,e sl'e«l « diminished
by these interruptions ; for instnnce. when wesfienk
ofsomliug !i00 words by automntio, it nmv full to
47 too or ]("), according to so ‘that bv
Sn 'S "'"°le °f U ” W0,,W «et 50 «nt
Q. I umle, stand yon to s ,, tl on that 1, , g
tlmt machine in your office, and having messages
tome in you could send part of them by automatic
and part of them by Morsel A Yes. ’
Q. And you can also use Morse to get liack the
X^T ȣ
use tliehmg imp'1 d° ",nt so"letinu'S “ml I could
i autoinnt/p 'v"'. l'y **?“!! of wol*»'G Nome and
automatic, you could increase your wire for
business fit. per cent? A. Yes, that is it
tiro; 7*Z ,S1US1,e(!ii,Ily tn,e if i'ou don’t send more
tli.in 7o words on automatic 1
A. In regular business’
Q. Yes, say your regular business is 600 a min-
s«;£.r
rs,‘,v” » 1 t r-* “
misunderstood about, that f ' ,
140 questioning you state u, , *?"' mmmcr of
words • til, 1 fl Ilf t I a
:=r£?f“«-2
it to half as much as it would be if we could work
without all those interruptions.
Q. You have sworn to the fact that the automatic
works from 76 to '100 words, and I don’t want you
to go beyond that at present. What you say is now,
that sending 100 words, if you please, by automatic,
and working the other side by Morse, and taking -
the two together, you would increase the speed, or
increase the amount of messages sent at any given
time, 60 per cent 1 A. Yes.
Q. Now, suppose you didn’t send messages by
Morse at all, and that you used it merely for the
purpose of saying “all right,” how much would
that increase it I
A. Yon say, sending 100 words to the minute ;
you must reduce that speed on account of interrup¬
tions that occur in the transmission of the messa¬
ges. On account of these interruptions, the speed
may be reduced 30 or 40 words a minute.
' Q. Do us the favor, if you please, to lix some*
speed that you say practically automatic will trans¬
mit ; I don’t care whether it is a million or a thou¬
sand— I don’t care what ; just lix it.
A. You want me to prepare an experiment in my
head, and give you the result of it 2
Q. No ; I am not asking Tor any experiments
from you; I want you as a practical electrician,
and as the electrician of that company, to lix, for
the purpose of my question, the practical speed of
i messages sent, off the reel to Boston. .1 ust lix your
own iigure, so that, for the purpose of my question,
I may have a fixed basis. Make all your allowances ;
for necessary interruptions and then lix a rate of
speed at which messages are sent off the reel ?
A. I can save you the trouble and time of making,
a calculation upon that.
Q. I am paid by the other side to take trouble,
■ and I don’t care to have it saved by you?
A. Then I will make a calculation. [Witness
makes a calculation.] I cannot tell how much ; I
cannot give you a definite number; it depends up-
•on so many circumstances. . *
Q. You don’t know, ns a matter of fact how
jnany words a minute go over your H„ J o r Z
the messages are reeled oir by your company ;
.ra'bf,'S,,S'Sr . . . "»»
1 S3 Ky the Court.
Q- A wide margin ?
A. "i os, sir; a wide margin.
Iiy Mr, Dirt-arson—
Q. We will take it that way then. We will t-ilo.
Now I nut ri,tl ° 1 ",arg"1’ w,mtevw’ if is.
• ’ 1 Pnt “■» question to you Startiim- ...in,
. , your automatic line, and with a vv.i”
pose of "it ls t ,,! " /T? ° Xor the 1,»>-
the other going % ' 1 6<l 1,1 orfler to kefil>
0 t !v!! Is al,0nt 1,10 81lme question.
W. i w ant an answer?
A. I »"ist give you ,he same answer.
W- i hen you cannot tell »
than T;,d r bBUy *“» better
Q. You have an s‘ilel.lll,loik,>°wledge about that.
. uaie an opinion about it?
not ,10"t knowing exactly whether it is or
Q- Then you don’t know ?
A. Ao ; I don’t know.
Q- Now, suppose the automatic line set up to
Boston with an automatic quadruples according to
Ex.P.. then each or the four connections would run
off as many messages as if it was a single line and
a single message 1
A. No, sir. 1 made restrictions as to that yes¬
terday.
Q. Tam not speaking of this machine on tile 2150
blackboard. I am speaking of this Ex. P„— Edi¬
son’s qundruplex automatic ; you have seen that?
A. Yes, 1 have seen that.
Q. Now, suppose that, you were to set that up
between New York and Boston, then these four
connections would run off as many messages as if it
was a single line and a single message '!
A. No, sir; you would have to have Morse’s sig¬
nals there.
Q. lam asking you if the foiir messages could
be sent as fast, as if it was one sent with one re-
. ceiver and one line 1 2167
A. It might be done slowly. I gave myself a
margin yesterday, of about fit) per cent.
Q. You applied St) per cent, to your picture on
the blackboard, and not to that picture. No matter
about the picture on the blackboard ?
A. I applied it to that, too.
Q. What is the difficulty in sending each one of
the four over this qundruplex chemical, as fast as if
the others me not going 1
A. There is always a difficulty in automatic tele¬
graphy which bears a close analogy to that one ;
that is to say, when the reversal occurs. . The elec¬
tro-magnet, which is in a shunt, circuit on 2 158
this Exhibit P, is there, (at 0, in Ex. V.)
a kind of [bug-trap arrangement or attach¬
ment for the receiver X, and in this same manner a
bug-trap can be applied to the Morse telegraph. I
don’t think the speed here in this Ex. P, on receiver
A, could be as great as. the other one would lie
on ashort. line. I do not think it would make a great
deal of difference ; the difference would conic from
the static discharge over the line. In this line you
Have supposed, from New York to Boston, 1 think
S02, bTk-iwiH;' ,,e,,rly t,‘° of
speed on both sides, but not so fust, in mv hid.-
mem, us u single message over n single win* us vtu
bnve stated in your question. ’ J
59 By the Court:
“ »' « l''"‘
By Mr. Dickerson.
0 asmuchwiTodo" .!!'? y°" h“v,! tllk™ fo'"' time.
nnoZS'tCS^'. that Hmt etero-*^
A. To u certain extent.
A Is tI,u same thing, exuclly as in Ex P»
Sir/te
and receive Morse upon i 1, “r' W51'
by chemical paper ’ ‘ t l,sln,t messages
fl*« ° tiler end of the°!vire I °y C°"ld got *» «
[~.£s ZwalfSZ'u Siii ™p'
rot ZZaiX.",‘ *" ft • Mo™ „„
A. You could put a Morse on.
Q, Now having that apparatus, as slum
bibitP., by substituting the trapsjsho
upon the blackboard instead of it, itwouh
the capacity of the business of your comi
A. Tt would, in my judgment ; I could
to receive my signals just as well ns to
Idol When I lift two puns, I can rccch
Morse, but. as I told you yesterday, in wn
automatic upon one side, 1 am notjtinterfc
the polarized relay upon the other.
Q. Having an outfit, as shown in Exiii
work between here and Boston, do you me
the Court that, as an electrician you, woi
your company to take it down and pu
trap, Ex. Y., "in. its place, because it wouh
the capacity or your line to send message
New York and Boston.
A. Why not 1 if I prefer to.
Q. l ain not. asking what you prefer, I s
you whether you would advise your cc
put up, in the place of Ex. P., that tlii
upon the blackboard, between here and 1
A. We could use this tiling on the bii
I might even find something better than I
Q. l)o you mean to tell his Honor t!
had a machine like Ex. l’.,set up between
Boston, and your neighbor had that (hi
on the blackboard, and messages as mn
line could handle, were brought into the <
you co Id send on the blackboard inachin
in i„ i to Boston and receive as many
ton to New York, in the same time as yoi
Ex. P. 1
A. Isay this, that taking it altogethei
prefer to uso the one on the blackboard,
is more correctly represented than this o
Q. (Question repeated). A. I do no
reason why not.
Q. You have told ns that you siispo
these sides and work automatic on the ol
072
A. Yus.
Q. You Imre said Mud working Mm bliickbonnl
picture automatic, you would not, suspend il,0
Alor.se side while you were doing if ?
A. 1 said while I was receiving Morse on the
o | nr m'\,laP. if r1'1' polarizud side was working until,
niniic, I would Imre either to slow Mm speud or
move fhu Morse, so Mud l might not interfere will,
I he Morse working, hut I uould rouoivu aulouuUic
witli tlm hug-tmp aMnulinmid, wiMiout interferin'-'
any more in rim one ease than tlm oilier. °
Q. "'lien yon have lot down the spring of vour
eleei.ro magnet O. for the purpose of making 0
useful to shunt oid llmjexlm current of X. then that
side cannot work, can it '
A. When the spring is .down. Mm armature is
close o the core, and the hug-trap can not work.
Q- I hen. while you are sending over X, you
2 1 G6 calJ,I0J’ !lt ,ll<! Si,m,! I hue, lie sending over 0 f
A. cannot he sending on the hug-tmp side. I
” ""lk "I1 0,U! 1,1 the receiver with n
h ie pen and work Mm hug-tmp at thesame time,
hut I am able to work slow on both sides.
thein imth ",OW •si,1<’s> and work
A. Yes— f don’t think it would work well.be.
cause mere is a shunt circuit.
tln-.m i V!? "" !"1 Io t,!l1 llis * lonor that sending
p'r tU yo" “ot
2lfl7Mnrst T'1 °"L‘ ‘'’‘hrinaMe^'keuph'ig1 vour
2 1 07 ^'hirse thing suspended t 1 n '
A. I don’t understand Mint question.
' . ..Icn 'jX- 1* 's !ir work, you are sending two
automatic messages, are you not 1
wtw'er Mud S'' g0i"S‘lt tl,U speed,
A little slow.
stmumut" vcm'" *Tli"S by tho blackboard i»-
’ i 0 1 1,10 sending only one automatic 1
A. From opposite ends nt. Mm same time— yes.
Q. [ am talking about the same ends ';
A. Yes; by this apparatus on the blackboard.
Q. You cannot send by the nppumtiis on the
blackboard while you are sending to tlm black¬
board nuudiinc from the other end ? A. Yes.
Q. That you could do by a Morse instrument I 2108
A. Yes. '
(J. And in Mud respect, tlm two machines would
be just alike)
A. Substantially the same.
Q. In Ex. Y you would have to work electro
magnets at O, and also electro magnets at tlm send¬
ing end ? A. Yes.
Q. You would have four sets of electro magnets,
in addition to Mm paper sender, in order to make
the blackboard machine work !
■A. hi answer to that question, I would say that
T would receive on the automatic polarized relay
side, the automatic on tlm large X.
Q. Then, when you send over your bug-traps,
von have to stop your automatic, don't von !
A. I can stop either side.
Q. You have to stop one side i A. Yes.
Q. Then, whenever you want to send by Ex. 1\
vou can't send lev the Morse key (
' A. Yes.
Q. You would put a Morse key in tile bridge,
wouldn't you!
A. I don't sav that T would.
Q. That would lie the proper place ?
A. I do riot say that. 217b
Q. How would you put it Morse relay on the
bridge 1
A. I am not forced to invent, and tell you wlmt
I could do or would do. With a Morse bridge, I t
will some times have to stop receiving.
Q. When 1
A. Just in the same manner ns I laid to in tlm
case of tlie receiving magnet 0.
Q. With a Morse key in the bridge could you re¬
ceive signals)
A. r am obliged to slow down on the n„i,
"S •!-*— on iCK
Q. You would have to put the Morse law „n,l
Sn^roft.^ ^
171 luAJ'l ?"t.'J"1,lex tbor,! t,u; k“y would Imre to
1 - <«no« bon; noni- tin; oheinionl paper 1
Q. Outside firebridge? A. Ye;-.
,lllvo t<> -so the common relay in
tlm In ulge and a key outside of the bridge, wouldn't
A. I din’ t
my that ;
e to nmke in-
Q- ll would not. work practically >
the other side! "°' k S‘m(,i"!'r '"'fomaticon
onltide l e,"y °" '.ridge and a kev
-2onl.S"lo the bridge, you could network that re-
A- I will not say that.
nl-ice fnl- M "" ‘f that was not the proper
"■ U ,f0 a key, as I have stated to voa l
i a..; .!ot,::i1,ik::;70i;„;te;:;,ui<i ihj t,,e w*
br2^A™l^r*™,™"‘ro k°y oiitsUU‘"r
'•nils' -1,1,1 ‘it ‘ the bridge, at Ixitli
s'nlVrr the '.a I lories on, if y„„ wanted to
trive ti?,/si°I SLi ,,so tlie Morse kev anil
go e the signal at the other end ?
3 yoVailsptmki'ng !!!f' Td0n,t k"0"' uxi,ctl-v 'vl,,lt
Morse 1-ev oltl j1”11 'Y automatic line yon have goto
on?; i • or caPable of being put in cir-
mtd^nmtimesV,orJ’S: SOmetimes "e Putthni
mu’nnin \r!Ikn°"’ °f * i ,,t01 ti line that has
° 1 11 **°rse sounder and a Morse receiver for
'"e purpose of chaffing across the li, el
A- Acs; but it is not a switch circuit.
Q. It is in a shunt circuit? A. Yes, sir.
Q. Capable of being thrown out of the circuit?
A. Yes, and chemical paper substituted.
Q. That, is a device for using tin* machine either
Morse or automatic? A. Yes.
Q. The siime tiling would happen, would it not,
if yon put into the quadruples a Morse key in aSj.
shunt circuit, or around your transmitters, and put¬
ting a Morse receiver into the bridge, you could,
when you pleased, operate with Morse when the
automatic was not. working, just the same. A. Yes.
Q. It is true, isn’t it, that if you put those keys
in as I have stated in this Ex. V whenever you
.wanted to send a Morse signal, when the automatic
was not working, you could do so ?
A. Yes; in one case; I mean on one side— the in-
rereasing side. You could not receive Morse with a
Morse relay while the other was working automati¬
cally; but, in the other case, with a polarized relay g
you could work the line automatic, and you will “
not be interferred with.
Q. With the instrument P in operation you could
run your reverse side automatic and your increas¬
ing side Morse, couldn’t, you ?
A. You could work it, on the side working
Morse.
Q. You are working Moise when you are running
your reversed currents are you not I
A. No, sir; there is no receiving Morse there.
Q. You mean it is not shown on tile picture ?
A. Yes.
Q. Neither is the Morse key on the picture, but
it is in your mind.
Q, Then if you put in a common Morse key to
control "the increase and decrease of the current,
you are simply sending Morse on the lino?
‘ A. Yes.
Q. At tlie same time the reversal business is go¬
ing right on ?
A. Yes ; but you are not receiving Morse.
Q. You can receive Morse reversal sometimes,
can’t you? A. No, sir.
Q. I am putting, Cor the purpose of mv case n
Morse receiver on the bridge right in series with
these other instruments? A. I understand you now
Q. There is no trouble about its working i
A. Yes ; there is trouble. b
Q. It works whothor von nw send.-..™. ,
or whetimf trnn .... /re sending reversal,
A r / 0 “"d,1,e “wwnsod ?
WomTS'SlL’V""":.^ *ta» -
Will not act on le vers. .1 ? a ’ tl,u ‘"'"uitiiru
Q Then if it • ’ A' No> sil‘-
!I” «ifci. H.e X j ■ * .»i»i o.™gi.
Tcsarrsrs' ”• >i T*
"it sr ?h“ «S«Trsr- b”'“ “
and put doiWiyourkey^ untf ^’T inL',eil8e<1 side,
the Morse; and that is Vho tlda"'* " 8,snul t,,ro"fik
talking with, across the lh)e ! S y°" C'1" <loTour
A. If the other man on ti.o ..
you can talk by Morse.’ 0tl her 8i<Je agrees,
Q. Then you would get. the benefit of the quadu-
plex automatic on the four sides, at the same time
having the capacity to use the Morse, when you
have suspended one of the automatic sides?
A. Subject to the restrictions I have stated.
Q. That is just what you expected to get on that
picture ? A. Yes. 21
Redirect examination by Mr. Wheeler.
Q. You said this morning, that in your judgment
it was belter to put the overflow dam at the trans¬
mitting end. Why?
A. Uecnuso three-fourths of the static charge of
the line is between the line and the transmitting
end ; and if, after- transmitting it signal' you leave
the line free to discharge where it will that three-
fourths of chaigc which is on the transmitting side 21S1
would have to discharge at the receiving end.
The Court. — What would be the effect in respect
to tailings ?
A. It would increase considerably the tailings,
because the line would have to discharge only at
the receiving end.
Q. And it is to obviate that that you put it at
the transmitting end ?
A. To allow a path for the static charge to dis¬
charge backwards, and to come to the transmitting
station instead of going to make a tailing at the
receiving end.
Q. It is to avoid those tailings that you put tho-10-
overilow dnin of the transmitting end?
A. Yes, sir; I suppose the lino to bo well insu¬
lated.
The Court. — The tailings are not created until
the undulation hns passed beyond the middle of
tho line ; are they ?
A. I ought to explain myself better to tell you
how Hie static discharge is distributed on the lino
Suppose ii common Morse close circuit with a kev
Tor breaking at (lie transmitting end, for instance
ZIZl-'TT l"yko?* ‘I10 0,nTOnt f'“'n Hie battery
iiishi.sj at lirst on the line, as if the battery were
oisa \v, 1,1 ,J,,ort wroi.lt fora certain interval of time
dit on ■« ,“tn"1 ly ,ms tnken a permanent con-
m-Simn :rrvh° s,ntic * >» ««•
,IX . “> 'he polo of the balterv. I snn-
b’uTerv i"" r '!iCk'r'’ l,Wt ,ho l,osifive l>ole of the
battery is o the line. There the tension is the
tore n" • ‘"'I1 S°CS <limi",s|li"g along the conduc-
ta!u sfatinn u'l lll’°ljl>l'|,on '« 'he ground at the dis-
taut station where it is zero. It conlil 1,„
sUIe of WS* iby 11 ,u,:',,1,f?"hir triangle, one
f1'1'1. ““ ’’j'f ' f(-r instance, would be the
‘ ' I’ ^ h-'ght side would bo the amount of
l lt .e , rSIOn,;,i,:Ul'Vl'a' ho called the
2is^S“r,tl^rlir rei,resun,i"e *"»'
nnln? ’ , !,mollnt of charge at any given
pendim •„ U "e’ bu ^Presented by a per-
•i l l ^0ni” "1» horn this point ton. eet
T« «'•" ease, then, it is
lineevictlvb. m 1 i l!'"'"’ Slluh a perpendicular
of tlmsn r„ , “of 'he hue, three-fourths
mit t' h ,0 ",,S "'ll he on the tmns-
S5d A "ni h« on the re, -civ- '
at the tnmmn-rf*' hell "e have the overllow dam
ti e c 111 V 1 fhis qi irter which is on
has torimLT.e0 ffed ''-yond recall, and
2185 strument f tl e re "h ' "°''°h ti,e ,eceiviiig in
distant station Tlmt wn TiT'’ illst,'umel‘' at the
lengtheniim of m,h -i U,a be fche of the
Q Yo said '"S °n tUe ohomical receiver.
l0" SaMl ' el'o were some cases in which you
didn’t need f
ivertlow dnm. What a
A. In the case, for instance, where the line
would not bo well insulated, especially at the trans¬
mitting end, because the escape through the poles
of the line would net as what is called there, in the .
drawing, an overllow dam ; but still I would use an-lstJ
overflow dam, because I would allow myself the
use of that magnet marked “electro magnet”;
that quickens the discharge.
Q. You were, asked this morning whether the
amount of power in the receiving instrument was
not a factor in the question of transmission. Now,
I ask you, it in the judgment you gave yesterday,
as to the practical utility of the plan shown in Ex¬
hibit V, you considered and included tlio power of
the receiving instrument ? •
A. I had in iny mind, also, of course, the inertia
of the armature in the polarized relay; but it is ^ jgy
so small that it can be practically neglected, as 1“
have seen, in. half a dozen experiments. It will
. follow the automatic receiving as fast as it is neces¬
sary in practice.
Q. You stated this morning that the improve¬
ment on the apparatus shown in Exhibit Y would
be titty pur cent. I understand you to make that
estimate on the apparatus there shown, without
any addition to it— without duplexing it ; is that
sol
A. Yes, sir ; without duplexing.
Q. That was the basis of that estimate 1
A. Yes, sir. -188
Q. In tlio estimate that you gave yesterday you
treated that as duplexed, did you not?
A. When Isaid that it would give threejhundred
per cent, more, I treated that as if I had duplexed
what is there oil the blackboard, ns if I had made
a quadruples of it.
Q. You were asked this morning something
about slowing down the automatic transmission
when you were sending Morse, on one side. 1 ask
recon mg on the automatic neuM~.il receiver at v
use the bug trnp ? ’ *' "ollI(1 ,lot
a,Q>lj11^^1 "’0,dd •'otHsetlieTmg^H^p.010’ °"
lf it represents, i
using the appamt
scribing ?
)0. A- Yo" don’t mi
lnstrunients ?
“.rough way, the motto" of
Hmt I liavo just been de-
tlio Morse" poLiyed° “,lo"’n. .on OIll-‘ side
S^oppt^Le^’of^;;.
kir , nisi I ne,,t,il1 receiver,
mitter ? A. Yes sir 0 ■'"toninlie neutral trans-
****££»£ and 'leell olth' T ^
lonzed receiver ? A. Yes sii 1 Mo,-so P<J-
n. Court.- Each is connected with it, own side.
Mr. Winder.— Yes, sir.
electrica^conne'eijoi?.0 ’10t *"*“ tl,ttt dmw*«ff as an
tolis cSnalitonTr things -‘when n?'"®’ "* nW“rfl
resli or business on tlm ,, I„Z/- VVns a«lvat
-re was used for the to pmc-
A. I meant that if one wire could bo used to
transmit the automatic reels as fast as possible, one
after the other, the other wire could be used for sig¬
nalling.
The Court.— For the convenience of the operut-2192
oral A. Yes, sir.
Q. As l understand you, if you had an appara¬
tus, such ns is shown in Exhibit V, you would not
need that additional wire for the purpose of signal-
Q. Your general opinion is then, that the magnet
shunt called O would not bu put up, if it hadn’t
got there by reason of your drawing?
A. Do you mean that I would not put up that
magnet shunt. 0193
• Q. You would not put up the shunt 0, at the re¬
ceiving end of the line, if it had not got in there ?
A. Yes, sir; 1 would put it in ; it is in the other
exhibit P.
Q. You would put in at the receiving end an
overflow dam ?
A. Yes, sir ; it is in Exhibit B.
The Wilnexx. — I desire to correct a statement,
which I think had escaped during the cross-exami¬
nation, when Mr. Dickerson asked me to put a
Morse relay in a bridge wire in that Exhibit P, and
lie asked me how I could work that quadruplexed.
I don’t know what answer ]
. now that I, could not work
even with Morse, if there was
with that relay.
Q. You would put in a 1
from reversals? A. Yes, sir.
Q. If you were, not workinj
ivcr I made, but I answer"
ork it qnadruplex at all,
was no bug-trap combined
it would work without a bug trap ? A. Aes, sir.
Josiah 0. Rkipp, being recalled by Mr. Lowrey foi
oross-oxnminnlion, testified 11s foilows :
Q. When yon wore Inst here, you spoke of
diming the patents or inventions by Edison which
wore issued to himself and Harrington, or b nnJ
2193 otlio1 way, came to belong to Harrington, and his
associates, or the Automatic Company^ avexma
brought them ? 1 - Mil
A. I have here some thirty-live or thirty-six ; all
I had tune to go carefully over. The.; ,„a • ho
sonmothu I presume these are nfllcient for the
tl"-‘ patents for inventions
by Edison, which belonged either „
StionSorntoKlIbn i-°"; °'' tu tl,u A'^nwHo Assc
wliicli In Z1 ngton ","1 ,lls associates, but
marked Defendant’s Exhibit 32 'a) ‘l"‘l W,"CU W"S
ton ' and"' Edison' m. ZT ""'“W to
gpssSss
.mmm
pany, at the "me vdt, Tf f 'PU 0om-
vorsation with Mr. Orton ? 5 * ,lad your uo"-
thb.gs^Ud not exisb*180" gmit m,,ny °r those
tions or 'Lmitfons'' ^wliich’0 were m„ f “"S ttppli”a’
you can say so. We want
The Court. — All, with the exception of those sal
sequent!}' invented 1 A. Yes, sir.
Q. Look again at tlm I list and say whether it
not a full and true list of all the p dents and mm
tions or applications for patents which were sol
bv Mr. Harrington, on the Oth of April, 1b7o,
Mr. Gould, or which were supposed to have be.
sold by deed, made on that date. 1 don t nsU }<•
whether, in fact, the title passed?
A. No, sir; this list was intended to include .
the patents that had been issued to Harring <
and Edison, except those particularly involved
the duplex and quadruplex cases.
q Those went by another deed of Januiu} 1st
Q.' This' Tist which you now hold in your In.
was intended to convey all the patents and in
tions which Harrington had, except the qundiupl
and duplex, which are mentioned in the (heel
Harrington of .lamiary 1st !
\ It was intended to convey those that had b
especially associated will, the opmat.m.s of
the privilege from 11.11
‘"’Tv r iii.rn not, in addition to tliese, .
tain other ’inventions, by George Little, vduch«
nlso conveyed by Mr. Harrington, as -
the Automatic Telegraph Company, to Mi. Go.
at or about the same time ?
A. Yes, sir.
Q. What were they-you may refresh you.
.
CO ..posing What he called his automatic system
O’ Those wore assigned, as 1 mulei stand, 1.}
insiriinient wdiicli h hithis book shown to ;
in fact, made? 1 1080 conveyances were,
• fttsasats***-
ercd i 1 " l!l°- m fuel, dolir-
2201 n n-°i lll,v °"'n knowledge. *
«.«. «'*«
km tic mill P„„ . t i •v""rse|f nnd the At-
■ingloii i a. No, si"!0®”1!" C""'i>i'n.v, or Mr. liar-
•>e tiio hill Mie'easelr pl,>er 'vlli,;l1 imi-ports to
Thomas A. Edison, ph.infiST"!^0- ,,'m:inSfo» and
nn<l Paeilic Tele-mn fhe Atlantic
P«» to have 'i'imt paper a,,-
2202 V •vo"> »nd afterwards von/ ",Sli"":o’ •sw<"'n f"
been erased, and it, apnea,* t „ i®0 ,0
hy Ml-. Edison. * M h;,VU **»»' s" "rn r»
whether there is -in •> * * l 1 wt nnd say
knowledge ? a. Yes g^,on'of sort to your '
iiXtspsr °f com,,,ai,,t in «»*
A. Itseems to W b^"*^ S'VO,',, to bJ' .von ?
,,C,,,,eXP'nin'vhy that was changed 1
A jr . 0l>Je<:teiltO,,Sim,.'ateiinl; admitted.
2203, q; °r
brought by the Automatic "St to be
A. No, air- it u^'V"^ Jlis "ssociates i
jLn"H* in the name of l° b,0*'ff"t, orig-
n. -4 puiiiiH «io called to the intention of
• ho is o iliMn,! ',*« i,,SiS'Wl U1,0"> "m1 1 1 "• '
l.?« .. 1 • ’ ,,n<1 t lu ,!OI,MfiL‘l is entitled I
•tttention »o spec i lira! I v directed to each inis-
>T statement l' 1,01 b ' f ' !l tl
statements ho lms limclo on this trial.
[Paper wiis marked Exhibit 32. |
Q. I understood you to say, on vonr former ox
for the ‘\n ,"!• •'"•"iinitie and hem-tine
•to A Hunt in anil Pacific company, an alliance
T ,;a11 .venr attention' to Ex . .
,"S11,i,|lm:’ 1""1 ask to refresh yoar
meat tin.. ’ "?* SM,V ir 1,11,1 expresses the anaage-
A Yes, V •V°" ? [deferring to page da]
Q- And expresses it correctly t
Objected to.
wasCd-,1"edl|'.I,L“" '.e,Ul 1,1 UVI<|e»ee Exhibit, 32, which
«as dated December 30th. I87d.]
Mr. Jjuiomi _ I
as read witl.e.o 1 '" Propose to have considered
which is m' t i t-P!,,,,S f° ,oart 'hem, the list
The tnc1' ' Exhibits, at , age da
animation, swore tl !i 111 l,is lasf ex-
ber, he negotiated will! r°" r!'° !I('Hl ,,f Wocon|-
whicli covered tl. ,Tay Oonld, a transaction
ntplex patents nidalT'n.0 !'"(1 tl,e ^
liis sworn statement f, now ,lro,,osa to *h,"v
, !„ evidence the let- 2210
Mr. Lowrey read m eutw 10tll .
sasaaair-^
45. •
Telegraph Company.
Q.On«,e30tl,ofPec^t^jtS
other or dilTerent arangme.it ^ thllt which is
Company or with * • d exHil>it 32, being the
Q. Please answu 1,11 1 , ti,e privilege to
have answered it you cai
t?L.Wi— *“r*"
that way. rival answer. Did J'ou
<1 SS*
a n «. > “I * >
\ We liadacconipanjing «n jV. Yes, sir. c
Q. Not expressed '''1's l 'a\n,r not expressed in
Q. Had you any « • , 1 duplex in-
this paper, relating to quadmi
volitions 1 A. Yes, sir. ^ ulllim that the
Q. Pia y°" °!' 0" inerasts owned the cpmdruplex
automatic system
and duplex 1 ,
A.* Did wo °hi'ja ' oinim 1 . .
«• H 0 have heard Of SO Minin’ . . .
tho »» tonmtlo system 1 ' f "’,l0 ov
f oiled by nVinhS.M l!‘:Vl‘,'Vs "r 1
eluded wliiitp..,,,. °! ,,?0CIat«s» a,l(l Miat
Q- Did or uni iiJ ” . LltHo Patents,
spoken mvn the Edison *S0|!,!,l<18 °r w,'oni .von In
14 vent, ions i according |0 yoiir'i-hi^^ d,,,’lex
Q- And Hnn-iS'td “Wl i'?soci,,les-
automatic system? ' 1 “!“’ul:m,es owned tl
Q- Tim?, the . mV V'.0 “Plained it.
and not in iinv . sense i, v i w y ,he sa*»e peoj
W- Do you now nie-111 I, * , ''
.^arsssT^s^r
Q Now "n^uestio'iabIy.
t]mt company, nm/as lmldw «!!’ • "® president o
aartam inventions, hHe 'v,th KUson tc
onbed in those deeds o fieri? nT lhe p,,Uil,tsdes.
c;in yon tell us why „o ref 1 '* '",d At)ril Wh,
luadrupJex „„d anW^^Tt ^
rnnlex and duplex lmd been convoyed before, or
pretended to be conveyed before, by an agreement
dated January 1st ?
V. That was the reason. , ...
Q. Now can you explain why tho qnndn.plex
and duplex were left from January 1st to Ap.il Oth M10
unpaid fori ‘
A. 1- don’t know exactly what you mean.
Q. Did Harrington and associates recenc nnj-
tliing for the duplex and (puidruplex, except this
A They have not received the stock. _ ;
Q. Precisely. Did anyliody have permission t
give them any tiling except, that stock?
A. For the quadruplex?
Q. The quadruplex and tins duplex !
Q.' Theiithe quadruplex and duplex were thrown
in with the other things ; the other things haungoopr
bought four millions of the stock?
A You can please yourself as to the mode of ex-
pression.
Mr. Loiorey. — 1 shall not pursue this further,
because tho only fiiir purpose is togc : the ^stat^
ments on the record, and weshall.commi
Q Did ' voTlumw" that Harrington got So,000
from Gould in January, in money?
Q. Was that for Harrington and associates ?
A. Not iu the strict sense. . 2218
A. That was to Harrington as one of them.
Q. On what account was that paid <
oil account of the four mil¬
lions of stock ?
Q. It was paid on account of that 1
A. Yes, sir.
Q. How much of tlmt stock did it release wlion
it was pti id 1
A. If it hud boon settled in stock, it would have
released—
Q. Ypn knowhow nmch.it did release 2
A. It didn’t necessarily release anything1.
21 9 Q. But Harrington and associates got the §5,000,
and all the stock besides!
A. No, I should say not.
Q. ITowjmich then did it release 2
A. Well, it would have released its proper pro¬
portion ; §25 a share was the price that was used
by us for our own purpose of calculation.
Q. As between yourselves?
A. As between ourselves, yes, sir.
Q. Bo you know whether this did release stock
to that amount at §25 a share 2
A. I don’t know.
220 ™'e» ‘I'd J'011 first learn of that payment 2
A. The money may have all been used for ex¬
penses.
Q. When did you first learn of that payment 2
A. I knew itat the time ; if tile Court will permit
me, I will explain that transaction right now.
Q. It will be for counsel on the other side to call
lor an explanation, or for you to appeal to tho
Court if you think you are unfairly dealt with 2
The Court.— \ will allow the counsel to go
n rough with Ins cross-examination, and reserve for
you the right to give any explanation you desire
221 *lereafter.
Q. When you negotiated with Gould, you in-
loi med us that you told him all of the circumstances
between Mr. Edison and the -Western Union Tele-
1 ln'(-'sun"! y°« concealed nothing
fiom Gould that ints known to yon-not purpose-
2 ‘ „• 7 I“,dn fc.say 1 explained all ; Isaid I made
general explanations.
Qj teU hin' «mt Edison had been at
« oik for the Western Union Telegraph Company 2
A. I distinctly stated toryou last Friday, Mmt t
“q 'l did not remember it. What did you tell him
1 !.i“ U -»,«—• «2'“ ”* quustion
A If you will read my nns^ei to ><> q
1 !»VtV»uCrtlmt Cable , what did you 9S>
eU him when you mnde general explanations .
i: r„,a
iiatents and inventions, «m. heu Jr woru
l told him who owned them and J™ >„ ^
owned ; l»y Harrington an l • |md duplex
cussing the matter of the ‘P * 1 ^ tho West-
I simply told him that tho control and
q! WasTtsaid'bet, ween you either one tlmt they
claimed to own these inventions?
A. Probably so. conversu-
Q. Bid you repeat to Mi. WW J
lion with Mr. Orton m .Tune, 1874?
A. I don’t remember. • wlien you
Q. Now, fell me precisely, « J " . ’ verSntioii
and Mr. Harrington lint ta«U ; u.,aruplex and
with Mr. Edison to u t. tie to hi> q»->
duplex inventions? discussed with us in
A. The question was ae , everything
^‘Ssrfi.Sd'irader the contractor Oc,o-‘-
her 1, 1870, . . Vn, ....
Q. Of every sort t- A. • s0(m „s you
^jssssijjzrs#
A. Yes, sir. • ot ti,0se inventions?
A They'lb** assumed importance in the faU of
Q. IIow soon after Hint did you claim Hiem ?
A. T claimed them long before lliat, certainly—
Q. You didn't, claim until tl.oy were spoken of?
A. llioy luid been spoken of before Hint
Q Prom Hint time on yon never lmd any doubt
m,imt jour ownership of them ?
-~-f> A. Not the slightest.
Q. Had Mr. Harrington-did yon ever lieur?
A. Never, Hie slightest.
Q- » I \s 1 i 1H ci I Idly or Edison?
A. T don t know ; I was not present at all their
conversations.
"••-“le ])reseiit and that was the sub-
ject of the conversation '(
with’ this m'!l h'e w’f "V l!f!"wfcn in col,,|eclioii
self ‘ 4 i weie held between Kclison and my-
Q. Do you know wiielher or not Mr. IfnrmiiOon
-- - ® venVloiis tu,y >'» 1'is mind, these in¬
serted? ’ * lf S° "’hen Ilis cluin, ,V1IS «ist as-
ehl^itr1, T0ke.°.n tl,e lie cerlainlv
u.inied l liein most positively.
Afr^'fhc'^ e'1'1’ ,m,ko Hint claim before vou saw
Mr. Orton, m Jime, 1874 ?
A. Certainly.
rweeii'youT,tfel °,,e f,e(l,,enH-v spoken or he-
A. No, sir; simply because at that time we ..on
sidered the quadruples and duplex as of incidental
2227 Q. in fact we did
value of any sort ?
£r ,r i 'sr; a rsizt
wldeh'tlln av° ? OUITk,10'v "•’out the appreciation
cowT'11'1 jS 1,11 you kne"' Oien about it lam
g ig to ask you to identify some papers which 1
it regard them of very much
suppose to be in your handwriting, and T an. going
to hand them to you and receive them hack and
ask you to identify your handwriting, without stop¬
ping to verify the instrument by your signature or
otherwise. It you can do so say so, and if you
• cannot identify anything as your handwriting sa> ^
(Mr. Dickerson handed a paper to the wit¬
ness.)
A. That letter is mine.
Q. I hand you another paper. Is that yours (
A. Yas, sir.
Q. I hand you another paper.
A. I prefer seeing these papers before I identity
them.
Q. Do you identify that or not !
A. I prefer examining it before I answer.
The Court. — It the witness cannot identify it, lie jj-jJ
A. I identify that portion of it-
Q. What you see is your handwriting t
A. Yes, sir.
(The whole paper was not shown the wit-
Q. There is another paper ; is that your signa¬
ture? A. Yes, sir. .
Q. And the whole of it is your handwriting !
Q. There is another paper ; is that your writing ? 2230
A. That portion of it ; yes, sir.
Q. There is another paper?
A. That portion of it ; yes, sir.
Q. There is another paper ?
A. Tha t is mine.
Q. Iiero is another?
A. I don’t identify it in that way ?
Q. I will show it to you, all?
• • A. 1 don’t identify that.
Q. Is that your handwriting or not?
A. I don’t know.
Q. Then you may rend it '<
A. [After reading]; I remember some eiretun
stances about that paper.
()0,, Q. Did you write it?
— A. I won’t, bo positive ; possibly I did.
that you want"'10 "" °Xpl,"m,ion ,,bout rl.at
Q.‘l ask yon whether yon wrote it I
A. Well, probably I did.
-'i, -
A. No ; I don’t know that I did ; no, sir
Q. But probably you did » A. Yes, sir.
Q. hat is your best belief about, it ?
2:,2Ican«iveMlCti!,lyir<,i,l; rhi,t is «» Hoilef
about that'paper. ' ““ "‘'h“S tobc(l' 1 1
Q- Look at this paper?
A- T think that is mine ; yes, sir.
vj. Is tlmt yours >
A- Yes, sir; that is mine.
sigLirS A. Yes, ST' “ ** is •V°"1'
Q 2ok afr'!,i’,,UlW,'i'i,,«i A- No, Sir.
signature ( ' v. Y^T' ""<l Wjr ,f ,hi,t is .'our
33 !\ V ho "iote the body of those two hist miners i
n ww e,ary 1 lmtl !,t time. 11
7 bnt was his name I
A. Jfis name was Viz or Vis.
you nvo thcre 0wt
Mr. Lmorey — Nine.
[The papers were marked for identification.]
fnwrcv —I now propose to read the paper
, » t nbicct to the reading of the paper
are not evidence in the case.
The Court.- In what view is the paper offered 1
. Mr. Orton and
jrrw^i«S55S'
conversation wirli Mr. Oiton.
m. /«.-«■ “ritssr"
witness ; it, is a l,l‘,u' to nie— to
the witness lias avow ed ns existing
ime ; and taken with other evidence w inch e sna ,
adduce, is calculated, we tlunk success u toin
. peach this witness as to tween
hi^wll'nnd Mr.Oi'toii.
I11HIIMIHC0 in the presence 0f
''taj nileiTunv which flu* 1
&£ftjrzvS5-
SmS M » n ! "
1 sss t , 1 1 S s fl " 11 111 fl r
-on.v to Iny .nC ^-.inonf'y pro,lul. t,s(,
TJte Court: ' Jf it ...
s statements he h-is i . r. - , '"•wnto with the
Eposes, niitl intents wli,.n. / ',jfelL*I,,;u to his pup-
- •"».« -to,; ?^!s.£i“j^-,ner- ia“~*
Paper contains - If tlie
P>'ses and intentions of h v" .,fg"ld to tlmpnr-
to a negotiation witli Are n , ltness* 1,1 reference
testified, which „m ( ifr ,0 'vhic1' he has
made by him on ft h !' {r0m t,le statements
. . tier ,Th« h in ref<~ to the
•- admissible lu^SZ^ ' "m1
3lr- Russell ; This oflW i„ 1
<>»s assumption of the w-ii )lls<‘<1 "P,,n an errone-
• It. is snpp L li em'->'h-- tllu »it-
,l" «■ made S 5h o ‘T" ,,a‘1 "« «-»
mmlt evidence was riven , 1?/°" f,° P"rel«,se. No
«'» witness wa s| ,? ,he contrery when
Orton was, he said “To' • W P,,rPose of Air.
"vine In’s purpose. * " nm,> f°r me to
mt tlie pan 0f ',,,1 Lit!?'"1 is ,,,is'«ken
nation relates "Pony to which
The Court : I am disposed to take tho paper.
[Exception taken by Air. Wheeler].
[The paper was marked defendant’s
Exhibit 83J.
Jiu tier : I move that tlie paper be rejected.
The Court : It will be rejected if the counsel fail
to connect it.
Q. hid you receive that anonymous letter , en¬
closed lo you with a letter from Air. Orton !
A. Yes, sir.
Q. After you had sent it to him, you received u
back again '! A. Yes, sir,
Q. And did you write, or cause to be written t<
him on the same day, this reply, which I now hunt
A. Yes, sir.
[The paper was dated July 24th, 1874
read in evidence, and marked defend
ant’s Exhibit 83 A].
uross-cm m million of Mr. lieiff 'continual, bo j
Loiorcy :
Q. When \vu closed yesterday, I wns spealci
about a letter oIMr. Orton’s, in which heonclos
jto yon the paper that was marked yesterday I
1)8. Just look at this paper now shown you' ]
yon recognize it ns a copy of Mr. Orton’s letter, ,
closing to you the paper marked Ex. 3!) ?
A. That is probably the letter ; I have not look
for the origina! ; that is about the purport of it.
Q. You' think this probably was the letter f
A. Yes, sir.
(Heads letter marked Ex. 83 B.)
Q. It was in answer to the letter just raid, as
understand you, that you addressed to Mr. Orb
on the same day the letter which was read to v<
yesterday? A. Yes, sir.
Q. Subsequently did Mr. Orton request, your t
turn of the letter marked . Ex. 33, and was ir r
turned to him in the letter which I now hand yoi
O 1 did "Horn it
Q. You think it likely you did ? A. Yes, sir.
Reads in evidence letter dated Align
1st, 1874, from Mr. Reilf to Mr. Ortoi
marked Ex. No. 33c.
1, S; fW,len y°n lllL‘t Mr. Orton in June, 1S74, didn
~ff =*"-*-*-*
«k. i”,**" ■" ""
A. Probably he made some reference to that
A. Yes ,eC° eut fcli,lt ho did, don’t you ?
Q. You knew that there was such a person, a
friend of Mr. Harrington? „ , . .
A. I know there was a man who called himself
bv that name. , , ,
‘q. Bo you happen to know whether ho 1ms since
died ? A. I do not.
Q. Bid Mr. Orton refer to him ns being the per- 2348
sou or one of the persons who approached linn
claiming to have authority to act for the sale of the
automatic interests? A. Yes.
Q. Bidn’t ho inform you, in tli t e t on tl t
Mr. Bnvidge presented a letter of authority, which
purported to be an authority from Mr. Harrington ;
mul didn’t he say that one of the objects otta.
visit was to llnd out whether he really had autlioi-
ity or not? A. I don’t remember that.
Q. Bo you remember any part of it, if not the
whole of it ? . . ,
A. I don’t remomber anything of that kina.
Q. You don’t remember his saying that Mi. —
Davidgo presented a letter to liim of authority 1
Q. BidiTtiie say to you that Mr. Bayidge had
professed to liim to have authority and laid made
some advances to him for the sale of these interests ?
A. I don’t think he told me that Mr. Bavidge
had seen him at all.
Q. Bid lie toll you that Mr. Bavidge luul seen
uuv of the directors or persons interested in the
Western Union Telegraph Company ?
A. Ho told me there was a man by that _immo
who was interfering with his directors, and tha 2250
wanted the thing stopped.
Q. Wlmt did you understand that to refer to, to
n sale of the automatic interests ?
A. He didn’t say what Mr. Bnvidge had com¬
municated to him. t
Q. What did you understand Mr. Orton to meat
by that general phrase of interfering with lus duec-
°A. He thought that if there was any negotiation
concerning anything m connection with the \\
cm Union Telegraph Company, tlmt lie was tin
flint should have to do with it, and the one ti
seen.
Q. Didn’t lie ask yon whether Mr. Davidge
.authority to deal with him, and was not his°ol
to find out who was the proper person to aegot
with in regard to the matter 1
A. I have already told you that I do not rem
her ot his making any such remark in re-dm
Mr. Davidge.
Q. Didn’t he make some such inquiry ns tlinl
A. I referred the other day to what the assei
object or his inquiry seemed to he.
Q. Aon didn’t refer to any asserted object,
you said you got an impression; you distim
stmed that Mr. Orton did not say anything or f
A. I distinctly said that liu did.
Q. Look at the paper which is now handed i
and say whether the body or the signature of i
IS in the handwriting of Mr. Harrington ?
A. The signature is ; yes, sir.
A YeT Sr" thUHi""Iltllreof Mr- Harringtoi
Q. You have seen him write t A. Yes.
Q. You have no doubt that that is his signatii
A. fio, sir; that is his signature.
A Look at. the paper now shown you and f
whetlier the body or signature is in bis imndwriti,
w(hi„g|U is in Mr- Warrington’s l.a,
Q. Both the body and signature, or only one ?
A. the body and signature Iioth.
ten-iew"? -H° Ark'o"’’ tho "''Me you had that
ttmui with Mr. Orton, that the two letters I la,
shown you had been written by Mr. Harrington '
A. Let me see them and 1 will answer the on,
*" witn«* I f knew the
O Tlmt is your construction, I suppose. In
Tune 1874, when you lmd the interview with Mr.
Orton, you did know tlmt these letters had been
written by Mr. Harrington to Mr. Davidge, did
>0A?I knew it at that time, but I didn’t have
thorn in my mind on tlmt occasion. 2
Q. You happened to have forgotten them on tlw t
occasion l A. Yes.
Q. But among the stores of your memory i
this item tlmt the letters had been written 1
\ I told you tlmt I knew they had been written
at the time they hear date ; they were written foi a
SPa Tim" pm-poso is expressed in the letters,
isn’t it 1
Q.‘ Werertioy delivered to Mr. Davidge for tlmt
Xmrposo ?
q! iSyonX'hear Mr. Harrington say that lie
lmd written letters to Mr. Davidge 1
Q K" know that Mr. Davidge had un-
darken -W»inneSotii.tio^a« »ma t-
ic system °deill „f conversmtior
with various people-floating conversation abou
tlie time tlmt these letters were wnttui .
became of them, snbsi
qUQUDo you know whether Mr. Davidge lmd cor
ferences 'with any persons *
writing of these ,‘s“e.1'"’ "‘‘Vestern Union Teh
otherwise, interested m tiro " esce
graxrli Company 1 , ., ve,
A. Ido not; Mr. Davidge seems to be
mysterious individual.
Q. You don’t know tlmt? A, “°,s- t]
Q. Do you know whether lie lmd prior to
A. I do not ; not to my own knowledge.
Q. Wasn’t it so understood among those interest¬
ed with Harrington and his associates 1
A. No, sir; I have heard Mr. Bavidge say that he
had been to see a friend of his, but he never said
who liis friend was.
5‘1 Q. Didn't you understand that ho lmd been to
see his friend under the authority of these letters i
A. In accordance with these letters ; yes.
Q. When Mr. Orton said somebody was inter¬
fering with his directors, didn't you correct that
circumstance with Mr. Bavidge and those letters?
A. Not necessarily.
Q. Bid you in fact?
A. No, sir ; lie simply told mo that Mr. Bavidgo
had been interfering with his directors ; if Mr.
Bavidgo interfered with the directors on his own
responsibility, I was not to be held responsible for
his acts.
Q- Did you tell Mr. Orton then that Mr. Dnvidge’s
authority had expired, and that these letters, as
authority, had ceased to have any force? A. Yes.
Q. You told him that ? A. Yes.
■lie-direct by Mr. Russell:
Q. You were asked to produce the patents
issued to Harrington and Edison. Haro you made
a schedule of those patents?
A. \cs : It may not be entirely complete.
1 "I "elu !lslt,id 011 your cross-examination
r.fi.y J.'': L“'vle.v, whether there was one patent
-0 issued to Edison and Harrington, which did not
Have special reference to automatic telegraphy,
and you answered, “Oh, yes, seven, 1,” and said
3 cm would produce them. Look at those patents,
[Handing witness schedule], and say whether those
pal ea ts are the same to which you referred in an¬
swer to Mr. Lowrey’s question ?
A. Yes, sir; some of them.
[Schedule marked Exhibit Y],
Mr. Russell: If your Honor please, I ■ ' ill cal
ronr attention to these patents: 1 h« > >s *
1,11 tent issued to Harrington and Edison, d ted ,
March iflth, 1872, number 124,800, and is entitled, x
“A11 improvement in telegraphic recording instru¬
ments.” • 221
bother is a patent dated February 10, 1874, ap-
.Inly », .TO “ft •“ -
meat in electric telegraphs, number 147,311.
Another is patent, No. 134,808, dated January ^
14* 1873, entitled “An improvement 111 electro¬
magnetic adjustment.”
Another is patent, No. 147,777, dated August 12,
1673, entitled “Improvement in relay ma^ueis.
Another is patent No. 100,40 nd ent tied
“ Improvement in adjustable electro-, nagnets foi
*ssr&*
iZ ;:'«™ v»» -» »•
“in town vou gave as a reason for not meet¬
ing favorably, his proposition
“ that you were thenei® 1 m ;ainol,U
“ other persons with w I10111 > 01
"'"VlmS”',". X oL vd
“ made very greatimpim uuciirs ^ theu
ents; yes, sir. 1 xtr Edison’s disposal
graph Company. I "'“nt y°u 10 b
this a patent for the invention you referred to?
[Handing witness paper.]
A. This is one of n series ; thnt was issued at a
late dato.
Q. What is the number of it?
A. 180,(548.
2270 Q. You have spoken of having obtained from
Harrington, authority to have a release drawn of
his title under this invention. When did you ob¬
tain that?
A. I think it was in the fall of 1874.
Q. Was it before or after the formation of the
Automatic Telegraph Company ? A. After.
Q. Did Mr. Edison exhibit the invention to your
company '(
A. Yes, sir; he exhibited it before the company
was formed.
Q. Yon have spoken about Mr. Edison having
227 1 left the shop of Harrington & Edison at Newark.
What was the date of his leaving?
A. I think it was October 1871— about that time.'
Q. If you made any payments to Mr. Edison
during the year following his leaving the shop, as
you mentioned, state what those payments were,
when they were made, and what for, — I mean im¬
mediately following his leaving the shop?
A. In February, 1872, Mr. Edison came to me and
said that he needed some money very much — about
83,000, in connection with some horse-railroad out
in Michigan, and asked me to raise it for him ; and
after consulting Mr. Harrington. I gave him §3,100
J27<Snnd charged it, lo his general account; and there¬
after, I think it was during' the months of March
April and May, and June, and, I think, every
month of that year, except, possibly, November, I
made payments to him varying from inonthlv to
rycekly, sometimes some weekly pnyments either
for his personal account or for experimental uses or
m his street railroad matter.
Q. For what business was the shop established
by Edison and Harrington, for what manufacture ?
A It was supposed that Little’s automat c sys
. . , would be very soon and very generally put m
a I that they would be needed for equipping
Ibles thraSout the country, and a great deal of
work that was done tliote was an ui
tal character. .|,e value of that ma-.
son — about w hut <
A. A very small workshop there ? )
Q. Had Edison more than one
A. Yes.
the purpose of—
Objected to.
tlielHirringtonanaEdtsons ioi ^ Mr> Edison,
A. It has been ltnallj tnu . (im0 t0 time
and used at Menlo l«rv f to his own
before that, portions vein fan
shop as lie desired. that shop— the
q. Why did Mr. Edison leave
Railroad avenue shop ?
Objected to; excluded.
•„ , mv Edison’s action when
Automatic shop i
Objected to.
The Court.
r
A. Ho continued his experiments at the Railroad
Avonuo sliop without interruption. In the fall of
1872, about October, I think, utter I had la . .
very much dissatisfied with Mr. Little, lie not hav¬
ing accomplished anything, Edison came and saw
me and I told him.
■7C The Cowl— Never mind any conversation be-
tween yon andMr. Edison ; state what Mr. Edison
aid after that conversation?
A. He came to Now York, and cl U ,.e.
commenced ins experiments upon the line, and'pro-
. (laced results that Mr. Little had failed to produce
and continued' to develop then, until we commenced
oi ti 11s oa Hie regular business of the line, and
n1 f'JI "nt1or tho ">sl fuel ions of Mr. Edison
J* " 1,1 >'°" P>«*» look at this paper (handing
‘ 1 1 Is "';lt H'o mortgage of Mr. Un-
gei, that yon spoke of i A. That is l.is bond.
'7in tb,f 0 y°':' 1:n0'y;vlu' 1,aid themoneysmenfioned
these receipts, “ Received .inly 27, 1871, account
jLv V’ito^-o1',-8 '•0,Kl “ Received
v f’l f'.; lo1' "derest to date.” “Re-
tlds ifoiSSu”'1’ BCC0,,nt 01 11,0 pri,,dl,il1 of
pat bt'-riroaghme ®W°° ^ c,thw
(Road offered in evidence.)
hy Mr. Edison in
notes li Inch lie took up i
tht tlmt"k h° '"ily hove paid 82,000 ; not more
8 lly Mr. Hu tier.
s>*> "<
9‘ .V'!* ^ 011 8xed that about. June 10th ?
Q Bo^voaV0!!1 fbi°Ut'; tllul'o wore two!
A. KoUhatTmmt^y,,,,}',numoramlum?
Q. Then you received a letter fixing an interview
vithyon? A. Yes.
Q. Was that interview sought by you, or at the
•equestof Mr. Orton?
Objected to on the ground that it is re¬
opening the examination in regard to a ,
matter Hint has already been gone over j “
admitted.
Q. Please tell me whether this interview at first
was sought by you or only by Mr. Orton?
A. It was sought by me ; I received a note from
Mr. Barney, stating that -
Mr. Lotorey: Please don’t state the contents of
that note.
Q. In consequence of what was contained in the
note of Mr. Barney you met Air. Orton at his office ?
A. I declined to go to Mr. Orton’s office ; but 1
agreed to Air. Barney’s office.
Q. You stated, in answer to a question put on
your cross-examination, page 440, as if it was the
last thing that was said, “He desired to know of me
what would induce me to have Mr. Harrington and
myself sell a part or all of Edison’s inventions.
Was that the last request ho made of yon ?
A. That was the most important request that,
was made at the second interview.
Q. From that time, did you have any communi¬
cation with him, either orally nr in writing, until
this anonymous letter of .1 illy 24tli ?
A. I think not. . ,
Q You say you told him at that interview there
were certain moral considerations or engagements
on your part, and that you must, in consequence
decline to have anything to do with a negotiation
with him. Will you state what those were, and
whether they terminated between that time and
Ju.!l ‘There was then pending a negotiation which
M
70S'
Q. By “ you moan Juno lfltli ?
A. Yes, to cnlinmate in tlie organization of a
• now telegraph company to inclmlo certain rolathms
with railroads which it was expected would very
soon thereafter terminate, and as that was a very
desirable conclusion, I didn’t wish to have it inter-
2282fored with.
Q. Before your anonymous letter of July2-lt.li,
had that- arrangement fallen through or come to nil
id?
; that I had
A. It had not come to
hoped.
j Q. Will you state to the Court wlint was the ob-
' jeet of this letter of July 2-t.tli ?
A. I want to explain that very silly act. The con¬
duct of one or two of the parties connected with me
had very much displeased me, and the conclusion
of these negotiations was not such ns I hud expcct-
,„ed and as I had hoped. There was a move-
A incut threatened adversely by a party who
had been interfering with our plan a great
deal, and I made up my mind to get out
of it, and I determined if I could bring
about a new negotiation, that I would break oil the
arrangement that was then pending, and would dis¬
pose of my interest and go to Kurope ; and as it
had been so lately that 1 had been in intercourse
with Mr. Orton, upon this subject, and had declined
to have any further negotiation with him, I adopted
the very silly method of trying this letter to see
whether the negotiations with Mr. Orton could not
be reopened. I have no apology to make -for that
silliest act of my life.
Q. Then the object of that letter was to open
these negotiations again with him 1 A. Yes.
Q. And it succeeded so well, that on the same
day, yqu received an answer, which I will rend. •
(Beads same.) Then the next thing you did, was,
on the same day, to write this letter of July 2-lth 1 ■
(Bends the same.) A. Yes, sir.
Q. Now, having got that letter, wlmt was the
760.
next negotiation you had with him. You wrote
him that you would meet .him ; what happened
then 1
A. I don’t think we met.
Q. Why not? .. . *
A. I don’t remember; I don t remember that I
had any Other meeting. .
Q. Did you got any other communication from
him, in writing, before the 1st of August?
A. I cannot recollect now.
Q. She if this will refresh your memory i I tend
to you a letter dated 1st of August, 1874. [Reads
same.] Was that the last that you had fiom lnm ?
In the lust letter (Ex. 33b) he didn’t ask re‘
turn anything, but hud not spoken very kindly?
A. I must- have received a note from him, to
which that was a reply. „ ,
Q I read you a letter of J uly 25th. 1875. [Reads
same.] Did that strike you at all ns a.blackmailing 22gc
letQeriia you mean or intend, in writing that anony- ■
mous letter, to blackmail Mr. Orton ?
O Now sir do you know whether Ml. Oiton
went away for a considerable time; he states lie
was just going away? A. I don t knot.
. Q. There seems to have been m ,
July 24th, several propositions. I ns , j
that there is a special movement on foot, J -
\VUat was that special movement w Uicli j ou reie
Union?
o' ASihon Wsoo«"I»«tl"e*bo"“
gat'd .to his election as president ?
A. There was a little movement on. foot m op
position to his re-election.
Q'. You linvo spoken, incidentally, about hia hav¬
ing said that lie clicl not wnnt anybody else to in¬
terfere with his directors. In reference to what
was that said— -what was said by Mr. Orton in that
connection 1
A. Wlint was said was in connection
2288 with his desire to have a knowledge
of everything in regard to the ownership of
all these tilings in connection with Harrington,
and he said when any negotiations were to be
made, he wanted thorn made with himself.
Q. In reference to these negotiations, he didn’t
want his directors interfered with 1
■ A. No, sir.
Q.. When yon say in this letter ‘‘control of auto¬
matic,” do you mean the automatic line, or do.yon
mean to refer to the whole of the possessions of the
Automatic Company, referring , to the duplex and
0289 (l''!ldruplex which had been 011 the 10th of the same
' month, thought to be equal to Morse 1 ...
. Objected to ; excluded ; exception.
'Q. Wliat was the term automatic that, you used
in a previous interview when you were
talking with Mr. Orton in regard to these matters?
A. I didn't talk about that; I' didn't use any
terms in connection therewith at that interview; I
.simply explained wlint the relation of the parties
ivas, and what were the inventions they con¬
trolled.
■ . Q- Yon explained the relations of the parties
*-J0niid' 'the inventions they controlled. State whether
in tills letter seeking to renew the negotiation, yon
proposed to arrange it upon the same basis ? •
. Objected to.
- Court. — That is an inference for the Court to.
dralvi You have proved the- surrounding facts
with reference to which this letter was written,’ and
the Court will now draw the inferences it deems
Mr Buller.— I ask the other side to produce the
tatters which were identified yesterday.
Mr. Lowery states that they are not in evidence . .
uot. rohvtu to the subject matters of the con-
and do not re a aUown the witness solely
troversj .. handwriting, anticiputing'his 2291
,o ,u“ 1
o! When tliey shown to ywon^o
stnnd, they we"> turned over 'ond
TwHo. ““SI, “•>: 1
,n'“n!'ns
them hero?, .
A. They have most certainly. 2292
of confidence? A. ..Yus. not) transaction for
Q. Now I want to get at *«■ **«« 0|1 the l3t
nmoinent ; there had been received. bJ, 090
the month; ■' , - k s0
«-**
whetUer ~ >" >«
0,“tS£«
advance^ made at Mr. H ■ to be returned, of.,
personal expenses ;.a it w « ’ J T 81lid yesterday
course, or accounted foip Pu6\vUftt t meant was
: thatpar\:
713
712
ticulnr time- about' it, except Mr. Harrington and
myself.
Q. There was not any objection by you ?
A. No, sir j I received some myself about the
same time.
r, Q. Now, state whether this 40,000 shares of stools
2294 was to be received iit payment for tho benclit of
whoever was associated, and lmd rights to it?
A. It was for tile benefit of those wlto had rights
to it.
Q. There have controversies over the rights arisen
between .tiie parties, so that the matter is not yet
adjusted ? A. Yes.
Q. And to adjust these rights was one of the pnr-
poses or the bill to which you have referred ? •
A. Yes. . .. ■ »v.
Q. Now, statu whether the consideration of the
receipt of that largo amount of property, was the
jnr. entire giving up, on tho part of the associates, under
whatever name they wore acting, of all their rights
and interest in the telegraph to the company pur¬
chasing, and if not, what was excepted ? -
Objected to.
Q. Did the deed of conveyance include all the
company had, or was there anything reserved ? .
A. There was nothing reserved.
Q. It was intended to cover all those things
which the company claimed to have ? .
A. I stated yesterday, it was intended to include
2296 r""'llU "aS °"’ne^ or controlled by the. Automatic
Telegraph Company, which included Little’s pat¬
ents and the line, and it was intended, to include
. ....JVhatever Harrington controlled, and to include the
I-'dison inventions, whatever they were.
Arena Hkobsb— May Utii, 1877.
Jie-eross-examlwdinn by Mr. Dickerson t
Q At the time that these live patents wore taken
that von have put in evidence here, the automatic
neopie, or whoever was working that automatic
system wore using the Morse key and Morse relay 22cjf
for doing their talking over the line, were they not ?
q! And about that time you were threatened
with a suit under wlmt was called the 1 age patent,
were you not? A. No, sir.
y. Von heard of the Page patent, did you not ?
Q. You heard that the Page patent covered the
"a AniUhat tho Western Union Telegraph Com-
puny owned tho Page patent?
A. They claimed to own a part of it.
Q. And then you got, or
to see it he could not invent foi >ou s
trivance, by which you could '“^^“"t^g'tnging
A. Tho object of Kdison s invention
entirely dilferent purpose. ,
Q. I didn’ t ask you what his object
A. Yes, sir ; you did. t0 Wm, 2'09
£1 P&r&BSSSS
]Siloadj!mlS!Sn& which you have spoken
°f l You said on our line ; I said, no, sir.
Q. Well, which would enable T™ " *“}
A. No, sir ; that was J J itll the use
Q. You didn’t propose to dr spensc ^ancnl
A. Wo did it we dio.su.
Q. That wns not any object you hail in view ?
A. Not specially.
Q. You meant togoonnnil use this retractile
spring- in your line, lint you wanted him to invent
something for you that somebody else might nos-
2800sibly want to use?
A. Yes, sir; that is it exactly.
Q. It had no reference at all, to making you in¬
dependent of the Western Union Telegraph Com¬
pany, in that respect ? No, sir.
Q.^ You never heard of that until you hear it
A. Never heard of what!
Q. Heard of that suggestion and object ?
A. On our part ? .
Q. Yijs, sir? ■
A. I never did ; no, sir.
o‘)ai Q- You say you requested Mr. Edison to make
those things; tell the Court exactly for what pur¬
pose you wanted them made; if you did not want
them to help you and relieve you from the possible
lien or control or that patent, that you have ad¬
mitted file Western Union Telegraph Company
claimed to own, and which covered that retractile
spring?
A. I did not say that we requested Edison to
make those inventions, at all ; but I did say, that
the inventions grew out of certain conversations
and relations, and they were, that we desired to
bring about certain relations and connection with
0302 the exiting telegraph companies and with certain
railroad companies. The railroad companies re-
ce.ved information, that if they entered into any
alliance in opposition to the Western Union Tele¬
graph Company they would be pounced upon on
account of using the Page patent. There was a
pwnngtarabo Perv"di,'S the opposition tele¬
graph companies, a protective association having
been formed composed of some railroad .com¬
panies and some of the opposition . telegraph com¬
panies, with which wo desired to ally. I made
known to them that in case I mado an alliance
with them, we would furnish, them the means of
protection against the claims preferred by the West-
era Union Telegraph Company, on account of the
Page patent ; and if we could not break down the
Pn.ro patent, which 1 guaranteed to do, we would 330ft ■
furnish them anti-Page relays as an inducement for
them to make an alliance with us. All this con¬
versation having taken several months. At that
time, Mr. Edison, of course, hearing of them, said,
“I can make you half a dozen anti-Pago relays;
“ I said “ all right,” and lie went to work and pro¬
duced them. ,r„
Q. Inconsequence of what you now state, 1 1 .
Edison made for you these anti-Page relays, which
are the subject or these live patents, and conveyed
them to Harrington ? A. Partially.
Q. That is the truth, is it .not? 0304
' A Tliev are not all relay patents ; the live pat-
ents' are ‘simply essentially magnetic patents, and
not chemical patents.
Q Now, in 1874, in the month of .rune, and be
fore tlmt, Mr. Iliram Barney was your attorney ?
A No, sir ; lie was the personal attorney of Mi.
• Harrington, an a bndb f ^
^ time; we bad no special nttor-
n6&. When you needed advice you went to Hiram
BQ™He was of the attorneys whom you con-2803
suited?
A. We did consult him; yes, sii. . . ,
Q. He stood at that time m that relation to y
A. I distinctly say that lie did not.
Q. He did not stand in the relation tin. you
suited him when you had business lor him
A. We had no business for him.
Q. You n
3i- consulted him I
. 1.7T71 ? hew
pnlly Mr. Harrington's personal' friend and at;
torney.
Q. Bat Mr. Harrington, represonling tho associ¬
ation ns tlio head, was lie not ?
A. Yes, sir.
Q. And you were one of it ? A. Yes, sir.
2300 Q. Tie was the attorney, then, Mint Mr. Harring¬
ton consulted in regard to the affairs of tho associa¬
tion ? A. Sometimes.
Q. And you consulted him on the same inatteri
A. I don’t think I o
up to that time?
Q. Mr. Harrington
business ?
A. Whenever there
r consulted him in my life,
is tile person who did that
A. Whenever there was anything done.
Q. When you went to him on that occasion, you
knew that that, had been the relation between him
and Harrington ? A. Yes, sir.
2307 Yo" happened to go on that occasion repin¬
ing the association of which yon wore a member?
A. I went on that occasion witli great del iliera-
Q. Did you go there to talk for yourself person¬
ally, or to talk for the association of which you were
a member ? A. I went there to talk generally.
Q. Did you go to talk for yourself, or for your
association ?
A. That was to depend upon the result of the
conversation.
Q. You went there authorized, or thinking your¬
self nuthoi izod, to talk for your association i
2308 A. 0, Yes, sir.
Q. And if ilie conversation came out in that di¬
rection, you were going to talk for your association ?
A. Yes, sir.
Q. And in the presence of Mr. Burney who hud
occupied the relation you have stated?
^jA. Not because he had occupied that relation at
• Q. Not because of that?
q. You didn’t know, at. that time, that he had
n.<> relniioii von have spoken of ?
l Yes sir; I have told you so three or four
Tvou have said that no terms were spoken of
about the sale, or proposed sale of the automatic, ^
ato'1Jl"ne reHesSiuHneniory. On the second"’
da^ MU, Orton met you, did not Mr Hiram
Barney in your and his presence, speaking ns
™ „,y «» m. 0*,..
tb’i, i„ ; was there anything like that said ?
A. No, sir ; not the slightest.
Q. Nothing like that,? A. No, sir-
wa?.b?«
Western Union Telegraph Company 1 A. , 2«
Q. That was never spoken of?
■ AK°*ir-
you will take care of yours i
A. 1 will take care of that no such
Q. At that time j «»' • • - ’ l Bal,1(,y) and no such
language was used > M ubstlince, ltiade by him ;
stfttiimunt in tiiims, «i
or by yon 1
the three ?
A. Not that rwmemba. md not Mr, Bar-
Q. Then, goiuga*kep tud’§500,000 of West-
ney, after saying that 1,e d say-then $100,000 in
ern Union stock, go on an y sonletliing like
money in audition-did lie say
• that ? A. No, sir.
Q. Nothing of tho kind ? '
A. No, sir, not like tlmt.
Q. Didn't Mr. Orton turn to you and any, “T)on’l
ffo any further; you have snid enough; I don’ I
want to hear nnything about such terms as that I”
A. Mr. Orton did not say any such word as that,
or anything that had a shadow, or shade, or ap¬
pearance like that.
Q. I want it as positive as you can make it.
rhere is no probability about it ?
A. No, sir ; there is not the slightest probability
ibontit.
Q. About the same probability that there was
ibout your letter yesterday ?
The Witness.— 1 can stand it.
Q. You and Mr. Orton met tho second day after
lie first day’s interview, and yet nothing was said
ibout terms of a sale ?
A. Yes, sir ; that is a fact.
Q. What was the subject of the second day’s
nlk, when your first day had been used in convoy-
ag to Mr. Orton the statement which you said' vou
nude ! ' '
A.. When Mr. Qrton came into' the room, it being
ery warm, I remember lie put off his coat, and he
aid, “Mr. Iteiff let us get to business.”
0- What was the business !
A. “Now,” lie said, referring to our con-
ersation yesterday, “wlmt will induce you
o have Mr. Harrington and yourself trails-
or , to a satisfactory party all of Mr. Edi-
on s inventions, for they arc all I care
nything about. I said, Mr. Orton, I am propared
hat ”UUSS "itl1 yt>1' Ut t'lis tlmo anything but
Q. Anything but Edison’s inventions ?
A. Anything but the sale of.nnything. Ho says,
niiat arc we here , for?” I said, “I don’t
now- Well,” he said,' “If there is nothing
to sell there is no uso in carrying on the conversa¬
tion.” I siiid that “ I didn’ t invito the interview,
that you invited it. I came here at- the request of
Mr Barney. You asked me lor information, and I
gave it to you. When the question of buying and
selling comes up it is a different thing. At. present.
I am not prepared to sell anything.” 2310
Q. Therefore yon cut the interview short when it
tended to the matter of price ?
A I don’t remember to have staid there very
long, after that I sat down. After conversing gen-
emlly a lew minutes, I took my lint and left. Mr.
Orton remained with Mr. Barney. Probably Mr.
Barney call tell you what took place afterwards.
Q. Has he ever told you what took place ?
The Witness. — (To tho court.) Is that a proper
question for me to answer ?
The Court.— Yes, sir ; you can answer that. 2316
The Witness. — Yes, sir; Mr. Barney has told
"'n Now, at that time, as you said, you were in a
negotiation that was likely to lead to something
•with some railroad companies. That negotiation
came to an end when ? . .
A. It continued in an interrupted sort of condi¬
tion until my arrangement finally made with Mi.
!' Then, that ran all the way through until De¬
cember, 1874?
A. Sometimes off and sometimes on. 231 1
Q.. Was it a continuing negotiation from June, or
before it-uiitil December?
A. No, sir ; a very interrupted negotiation.
Q. Do you mean to say that it was broken off,
and then renewed by a new initiation ? ■ ,
A. No, sir.; occasionally it was dropped,
occasionally revived.
Q. Was it over broken off?
A. Absolutely? ,
Q. Yes, sir ? A. No, sir.
Q. So that was cnrrent all the time 1
A. If you call an open wire a close wire, it was
current.
Q. It never terminated all the time the two par¬
ties were open to continue the negotiation with
23 18 each other!
A. I interpret my own terms. I say the negoti¬
ations were broken off in that way. They wore al¬
lowed occasionally to die out, and then were re¬
vived. The good feeling among the parties to the
negotiation all remained ; but there wore impracti¬
cabilities that would ariso occasionally, and there¬
fore we had to consider, and see whether the thing
would have to break off ontirely, or whether we
would renew it.
Q. Didn’t Mr. Orton tell you this : .that Mr. Da-
■ J influence him to buy automatic, or words to tlint
effect?
A. Well, hardly words to that effeet— generally,
, t generally to that purport.
ftnCins {Juj'tUa./iJ Q- Yo" did not suppose that wlmt Mr. Orton
-i i « V said about Mr. Davidge, had relation to anything
ok but ^le exer<:'su by Mr. Davidge of the power or
OA'th&JasfLuvto authority that he had h-om Mr. Harrington?
yi.Z a. I don’t know what schemes Mr. Davidge
i,a 1.
Q. I am asking you whether Mr. Orton said to
you anything in respect to Mr. Davidge, tlint led
2320 yon to believe that he referred to any other
matter than that Mr. Davidge had been trying. tc
sell automatic to the Western Union Telegraph
Company, through its directors ? "
A. I don’t think he said tlint.
Q. He didn’t convey that idea to you, at all ?
A. He said he had been interfering with his di¬
rectors in some scheme — some scheme ?
Q. Which might relate to their coiner on a pleas-
A. Mr. Davidge had a groat many schemes on
“Srn might be, so far as you know, that Mr. 2321
Orton supposed Mr. Davidge was trying to get lnm
deposed by appealing to his directors?
A. No ; 1 think lie thought that Air. Davidge
was trying to influence some directors to do some¬
thing ; I don’t know whet-some scheme-some
telegraph scheme in connection with the automatic
OUQ.itWhen ho mentioned the name of Mr. Da-
vid"e to you, and stated that ill-. Davidge was in¬
terfering, did you not say to him, “ Mr. Davidge
has got no authority from our people todoanj-
tliiug?” . 232
A. I probably did ; yes, sir. _ r ■ . ,
Q. Did In not then say to you, Mr. Davidge
has produced to me a written power from Mr. Har¬
rington to sell. .
A. I don’t remember any such tiling.
Q. He novel- said that ?
A. I don’t remember any such tiling.
Q. You never heard of that until you saw the
papers in Court ?
Q. AmUhis is the first time you knew or heard
of them ? . ■ no
A. I think it is ; yes, sir.
f* And von never, on that occasion, heaul any
thit fro u Mr. Orion that led you to believe that
Si dS-- trying to *1. — »•« » “»
Orton’s busk, liy lollu.ndiig k»
Q. By mlmcticing lus directors i
Q. Thun if. is t rue, is it, flint you understood fron
ill'. Orton on thiit occasion, tlmt Mr. Davidge wa
lying to sell initomiitic to tho Western Union Tele
TJpli company, through tho directors ?
A. 1 understood that Mr. Orton said so, and
nderstood, ns I have distinctly said several limes
lint Mr. Davidge had no authority.
Q. You understood that Mr. Orton made Ml"
liitcinenl, did you not? A. Yes, sir.
Q. And you knew at the time, that tliosu letter:
hat have been shown you, were written, dial
uthorify from Harrington had been given ?
A. I knew in the manner I stated twice this
lormng. I knew at the time they wore written,
ill; it passed out or my mind.
Q. Didn’t you say this morning, that von had
irgott ten at. that interview that such letters ex
■nee of a fact from the mind? •
liud C'°n'l!*V t"’° v,‘l'.v different things to my
Q. H was not in your mind or before your iniud,
lose letters ?*' a'' It \v'l' tIWt: Ml'' DilviclS': 1111,1
Ur- 0rton said
ttels ? ^ Uavidge had produced to him those
A. No, sir ; I distinctly staled that I did not
niemher that Mr. Orton made sue hit-
von’', Pot v" r7 n,°'V tlmt Orton didn’t sav
-Oa'-ulgo had produced written an-
A.1 I say I don’t remember that ho made anj
inch remark. , . ,
Q. You said, yesterday, when this letter win
,|iown yon, and after you read it, in answer to tin
question : “Did you write it ? i won’t be positive
possibly I did.”
A. Tho letter was not read yesterday at all.
Q. It was not?
A. No, sir; no, sir; it was not.
Q. Then the counsel said to you, “Here is ai
other” (meaning that anonymous letter), and yo
said, “ I don’t identify it in that way.
“Q. I will show it to you ?
“A. I don’t identify it.
“ Q. Is tlint your handwriting or not ?
“ A. I don’t know. .
“ Q. Then you may read it,” and it was linndi
to you and you read it?
A. I don’t think you put any such question ;
didn’t read it.
Q. Yon discriminate between Mr. Lowrey ai
H'il^No, sir; I don’t discriminate between yoi
I didn’t read that letter.
Q.- It was put in your hand, and you put it
before your face ? ....
A. The question was the matter of identify
the letter. ... ....
Q. It was handed to you with this le
“Then yon may read it” ?
A. I think not; I don’t remember that that
mark was made.
Q. Is your memory better for the comersat
that occurred in June, 1674, then it is in le e
to what you swore to yesterday ?
.A. It depends upon the importance of thee
versation. . , . „„ .......
Q. Tho conversation so unimportant as j
timony yesterday, you forget ?
A. I might recall it tomorrow.
The Court. — fie says lio remembers ho said that.
The Witness. — I don’ t, remember that they hand¬
ed me the letter with the privilege of reading it,
because I distinctly remember 1 didn’t rend it.
Gen. Uvller. — I told the witness ho need not
read the letter.
Q. Yon have beard Gen. Butler’s explanation.
Did Mr. Lowrey, through me and by my hand-
band you that letter and slate, “Then you may
read it.”
A. I don’t remember the latter part; ho cer¬
tainly handed mo the letter— either Mr. Lowrey or
yourself.
Q. Then you hold it before your face sonic timet
A. No, sir ; not very long.
Q. Long enough to read that little paget
Q. You didn’t read it?
A. I didn’t read it.
Q. Then you said this, “ I remember some cir¬
cumstances about, that paper?” A. Oh, yes, sir.
Q. How could you remember some circumstanc¬
es about (hat paper if yoii did not remember the
paper itself ?
A. 'Well, if ilie Court will allow me ; I cannot
inswer that question just in the form, probably,
A. Of course, I was a little loth to acknowledge
n a public manner that T had committed the -sill v
act of writing that letter, and another thing that
noticed me to consider a moment, because I didn’t
mend to deny it, as T didn’t deny it — was ilie fact
af seeing the other letters which had been commu¬
nicated by me, in coniidenco to Mr. Orton, and that
they should be shown here in Court, which is a
nreaoh of confidence, and it astonished me, that
il'ter the professions that Mr. Orton laid made to
a; of liis high regard for mo, he should comnn
licit a breach of coniidenco; I hesitated to se
dint object they could have in view ; 1 did not in
•ml to deny the identity of the letter, and b
lint time several minutes had elapsed, and seven
ucstions had been asked, and then I said, I prol
bly wrote that letter, and was perfectly willing t
e questioned on it.
Q. It was indignation that your handwriting i
notlier letter should be shown to you, which wi
eonlldential letter that so alfected your mind tin
■on answered the question in the way you did 1
A. It didn’t affect my mind to unsettle it.
Q. You knew what you said when you replied
hose questions ? A. Yes, sir.
Q. Didn’t you know that that was your lett
vhen you made those replies ?
A. i didu’ t. say it was not, but I chose to say tli
. didn’t identify it.
Q. Didn’t you know that that was your lett
vhen you said, “1 don’t identify it,” and “I doi
snow?”
A. Well, when you first showed it to me I sa
1 didn’t know, because you only showed me a pa
jf it; subsequently I did know.
Q. Then you were asked, “ Is that your lmn
writing or- not,” and you said, “I don’t knot
Didn’t you know at the time, whether it was
not?
A. I didn’t know, at the moment, whether 1 il
or not. It was enough to serve the purpose that
acknowledged writing the letter.
fQ. You have told us i mu ti l tl t ol it
some years ago, and l want to test the strength
your memory about a thing that occurred in t
presence of the Court here. Then you were aslo
“ Did you write it?” and you answered, “I wo:
be positive ; possibly I did.” That, was aftei }
lmd it in votir hand, and looked at it for soi
A. I don t know wliat you call some time. T n
member glancing at the letter.
Q. You had it in your hand as long as yo
pleased ? A. I made that reply.
Q. Didn’t you know then that that was your le
tor?
130 A. I didn’t choose to identify it at that time.
Q. You preferred to make that statement unde
oath than to admit it was your letter?
A. Because I intended before the question gi
through to admit that I wrote the letter.
Q. You preferred to swear yesterday, “ I won'
bo positive, possibly I did,” when you knew it wa
your letter? A. Yes, sir ; I preferred lo do that.
Q. Then you were asked this, in the end: “J
it not your best belief that you did, and don’t yo
know that you did ?
A. Yo ; I don’t know that I did ; no, sir.” Who
t87 i’"'1 answered that, you knew it was your lettei
did you not?
A. I knew it in the sense I havo stated all along
T didn’t choose, at the moment, to identify the lei
ter, for the reasons I have expressed.
Q. And you preferred to say you didn’t know it
when you did ? A. That is a qualified nnswor.
Q. You have been asked about this contl'pvers;
■between you and Jay Gould, and others. You wer
asked to giro your meaning of a certain paper ii
this book. You were asked to give your under
standing of the words “ Automatic system,” in :
certain paper Exhibit 32. Now, that controversy
'38 that you have been speaking of is in the Court ?
A. Yes, sir.
Q. In the Circuit Court of the United States ?
A. Yes. sir.
Q. And it is contained in that pamphlet?
A. I don’t know.
Q. That is your side of the controversy ?
‘ A. That probably is it.
Q. Hint states all your side of the controversy
• A. If that is a perfect copy of the bill in the Cir¬
cuit Court, it does.
Q. This is a copy with your name on it. that you
lent to Mr. Lowrey ?
A. Yes, sir ; I lent that to him.
Q. That contains your side of that controversy Qgsg
A. Yes, sir ; I think so.
Mr. Dickerson.— I offer the pamphlet in evidence
for the purpose of showing that the witness lias
stated certain Tacts in the case„and he has been
asked to doline certain papers, to te l wliat they |
covered, and what was included in the terms o i
those papers. The whole subject matter of this
controversy is contained in this bill of equity. We
are entitled to havo the whole of it.
The Court,.— Does tlio bill put tin interpretation
on those words? 2340
Mr. Dickerson.— Yes, sir.
The Court. — Different in any respect from wliat
the witness 1ms testified ?
. Mr. Dickerson. — Undoubtedly.
. The Court. — -The witness has testified as to the
significance and import of certain teim
the letters of which Mr. Lowrey did make use.
n„, liuaer _I ask that the counsel read the
,a2^gf%e bill in- which he claims it is «»841
assignment of each and e y i A Eaiaon’s im-
the full and complete title % ests.
Mr. Wheeler. -This is certninly re-opening Mi,, lid,
ofc o l\ m i f j the Exhibit wns shown to him
ami ho was questioned on it by both sides.
Mr. Dickerson.— I will refer to nnotlier part of
the bill, page 22. “ The said Harrington intended
2 to sol and transfer to the Atlantic & Pacific Telo-
(■graph Company, the said patents and inventions
specified in the said deed, dated April Of.li, 1875
in case the said company should pay the consider-’
ntion specihed ill said Harringlon’s said letter to
smd Goo d, dated April loth, 1875, and not other-
'Vf' ll'is witness has been asked whether ho
did not intend to convey more than Hint, to wit,
quadruples and duplex.
Gen. Butler. This memorandum is dated De¬
cember 311th, 187-f, and a deed' was afterwards made,
supposed to carry out that agreement in the mom-
I omndum; and in making the bill, tho deed which
. . '“ited the bargain is referred to. That bv no
means tends to contradict what Mr. Heiir under-
stood was tho bargain.
Mr. Dickerson,.— If that statement is true, it is
ot true that they, at that time, intended to convey
and sell q,mdr.,plex and duplex; and the witness
5"orn tiiat the statement; is true. '
you'fnSmr^.'iis 'if’ 'l'e “l!* T wJH l,enr
j uu mu .is to its olloiJt hereafter. Anv nart of
matim bL "’llicl‘ llils !l tem1<-'nc.'' to explain the
' Thecnnv 'r.? "’ai’ked defendants’ Exliibil 35.
fhecopj of the bill ls taken subject to anv
os? A. I said no such thing.
Q. Did you notl A. Ho, sir.
Q. Was it, or was it not ?
A. I stated distinctly that the §5,000 was an ad-
inice to Mr. Harrington to bo accounted for. It
as for somo personal expenses and other expon- 2
is, and in the strict sense ns it was to be submitted
j a final settlement, it may have been considered a
aymcnt on nocouut.
Q. Were you present when that payment was
lade ? A. No, sir.
Q. How do you know then what was the under-
tanding between Jay Gould and Harrington!
A. I didn’t say that I knew anything about the
inderstnuding. . .
Q. How do you know what you say about it is
ho trno understanding under which that paper was
iinde ? A. Because Mr. Harrington told me so.
Q. You kuew it from Mr. Harrington 1
A. Yes, sir.
Q. He told you it was paid to him on the per-
ionul expense account, and the like 2
A. He didn’t say that.
Q. What did lie tell you it was paid for?
A. I prefer to have my former answer to that
juestion wind.
Q. I prefer to have you answer it again ; tell us
•xactly wlmt Mr. Harrington said to you 2 A. I
"q. Tell us ns near as you can 2
A. Simply that lie had asked Mr. Gould for a lit¬
tle money, as he was going away again ; lie needed
some for personal expenses, and there were some
legal matters that lie was going to attend to, and
Mr. Gonld sat down and gave him a check for
$5,000 ; lie didn’t state there were any conditions
made about it.
Q. Did ho tell you on what account it was pnut i
A. No, sir. .
Q. As yon understood It, he just asked Mr,
Gould for $5,000, and Mr. Gould sntdown and gave
him a chock 2
A. IIo did’ t loll .mo ho asked Jay Gould foi
$5,000 ; ho said ho needed fclio monoy for licrsonal
expenses, and so oil, and Mr. Gould just gave him
85,000.
23JP Q. You considered it a. kind or gift of Mr.
Gould to Harrington for personal expenses 1
A. I didn’t say so.
Q. Isn’t Unit the effect of what yon say, liarring,
ton said 1 A. No, sir; I said no such tiling.
Q. Didn’t Harrington loll you. that lie received
that because lie had signed that 'deed that bears
date January 1st, 18752 A. Decidedly not.
Q. Ho didn’t tell you that? A. No, sir.
Q. It is the lirst time you over heard that $5,00(1
was paid for that deed 2 A. I think it.is.
Q. You supposed then, did you, that it was a
jo payment by Mr. Gould on account of the settle¬
ment with Harrington for these patunts? A. Not
strictly on account of the settlement ; simply be¬
cause tiie programme was entered upon, and Mr.
Gould was the moneyed man, and Harrington
wanted a Iitle money, and lie gave it to him to be
accounted for, I suppose, of course.
Q. You supposed it was to bo accounted for ;
did not Mr. Gould, about the same time, give Har¬
rington §100,000 in cash, or cash’s equivalent 2
Q. Did he not? A. No, sir, hi didn’t.
Q. Did lie not pay him in railroad bonds about
>350 t ml; amount '? A. In February ?
Q. When was the time 2
Mr.jnecler.-Tt was early in February.
Q. lou know it was not oil account ol quadra
plex? A. I didn’t say so.
Q. Harrington told you it was not ? . .
A. I didn’t say so.
Q. He didn’t say so? A. No sir.
Q. Did Mr., Barrington tell you it was upon some
other account than on account of that transaction
about tho quadritplox 2
A. I have stated distinctly, as near as lean re¬
member. what Mr. Harrington told me, namely,
that as he was going away, and needed some money
for his personal expenses, and while away ho in¬
tended to attend to soma legal business in connuc 2!
tion with tliis matter; he stated to Mr. Gould that
lie would like to have a little money, and ho told
me that Mr. Gould sat down and gave him a check
for §3,000 ; there was nothing said to me concerning
the matter as to charging it to one account or the
other.
Q. Then, as far so you understood it,it was a
personal matter between Mr. Harrington and Mr.
Gould, in which Mr. Gould gave his check to Mr.
Harrington, as lie was going oil’ somewhere, and
wanted a little money 2
A. Yes, sir.
Q. It laid nothing to do with any of these busi- -
ness relations at all? , ,
A. If there had been no business relations be¬
tween them, I presume Mr. Gould would not have
given him §5,000. , .
Q. There were no other business relations beta een
them excepting these two transactions, namely, the
transaction by which Mr. Gould was to gnu s oc v
of the Atlantic and Pacific telegraph Company for
certain things sold by the automatic (I don t go into
• particulars,) and also in respect to that deed dated
1st. of January, 1875, in which Mr. Harrington at¬
tempted to convoy duplex 2
A. There was a number of things done, all fcio
ing out of the paper dated December 30th 1874
Q. That was in relation to the sale for stoea, -
it not? A. December 30th, 1874 2
Q. Yes, sir. A. Yes, sir.
Q. And nothing else 2 .
A. And nothing else— no other considering.
Q. And the deed of January 1st, |8,°- lm‘l ‘
lion to quadruplex and duplex, and nothing els
A. riml particular deed, no, sir.
Q. Wns there niiy tiling else between those®
lomon, except those two tniiisnctions to which
$5, 000 wns applicable, unless it wns n mnlnih
onnble Mr. Harrington togooir tmvelling, niul h
a, iifcfclo spending money.
2354 A. It wns an account which grew out or thee
tract timt Mr. Gould and 1 had signed on the !l
:L"rmta'' Yo" - >"'* “ “j- *■» j
Q. You are the gentleman lo put it?
won’t I't*18*81 0,1 "ly *>utt'no it your way, an
Q. I want you to tell the truth ?
. A. I don’t think you do.
vo? ihi.T' "t y°'l t0 amm* !1S i’°" Pl«*h not
you think I want you to answer?
A. I propose to do that,
353 Ll,?,', L i'n1’?, S°’ ,mtl ,lot Jr,•0,,1 unv other moti
o ts „ ,C To "’!»•* those two ,
or be n , t 8fi’000 ‘'l’P^cable— -the automa
oi the quadruplex transaction A. To both.
much t "ilS “ kl?d °r tlivision between them ; h<
much to one, and how much to the other?
n,1\ 1 s,|y distinctly, and I on
with Hm S!lJr that it was on und in connectii
th the paper dated December 30th, J874 ; and i
o papers that were signed by Mr. k.irim'.;
mit'of h"; Pri°'' f° 1,is ‘^M'lftuie for Europe, gr,
out of that negotiation. There may have been li
wiCKsest* "" -* •»*
Q- And relating back to that it was »
by™a^c”;Ve^d^-'^ea to be convey,
a«ed of Jammly tSTO ? 11,tL‘ ‘° b° CO,,VOyud by H
knowIwIn?t,l’thS,'y lmytl,i,,e !|bout that ; I don
ami Hnrringtoin; I don't know wlmt account .Mr;
Gould charged it to, or anything of the sort.
Q. It being a payment under the agreement that
was initiated December 30th, 1874,, it belonged to
those who conveyed the property that was to be
conveyed under that agreement ?
A. I didn’t say it was a payment under that 4307
agreement ; I said it was a payment in connection
with that agreement.
Q. Not because it was a payment in pnrt perform¬
ance of timt agreement ; do.you mean that?
A. Not necessarily ; I say the payment was not
necessarily a part performance of timt contract.
Q It wns not necessarily anything. I want; tq
know what you know the fact to be ?
A. I have said all I know about it.
Q. You are entirely sure it was not for thequad-
ruplex contract of January 1st, 1875 ?
A. Independently 1 28s 8
Q. Yes, sir?
A. I don’t know wlmt Mr. Gould said.; but Mr.
Harrington snid, 1 simply say that I don’tknow
upon what account the payment was made, but the
pnyment was made by virtue of the relationship,
which I started with Mr. Gould on. the 30th. of De,
cember, 1874. . , , , , .
Q Is not this the fact : After Mr. Gould got his
contract with Mr. Edison dated January 4tli, 1874,
did not Mr. Harrington, and whoever else was as¬
sociated with him, come to him and say to linn- in
substance, you have bought the title to the quadra-
plex from Edison, but we have got claims upon it 2369
behind Edison, and you have to pay us before you
got through with it ?
A. Certainly not to my knowledge.
Q. This 85,000 was; nob paid in order to get Har¬
rington’s continuation of the agreement, with
Edison of Jan. 24tli. 1874 ?
A. Not to my knowledge ?
Q. Didn’t, the. 8113,000 in bonds that Mr. Gould
paid to Harrington in 1875, pay for Harringtons
share of the stock that ' wns to. come to' him lihclc
tin* agreement of December HOtli ?
*’ A; I don’t think there was any such paymont a
Hint to Harrington.
Q. Yon don’t believe Mr. Gonlrt’s cashier '(
A. I don’t sii y that ; I think tliereis n mingliiij
■tor two payments there.
Q. *Ymi don’t helicvo there was such a pay men
as Hint made? A. Of §118,000?
Q. It may not be Hint exact amount, but nbou
that amount in bonds ? . A. Yes, sir; there was.
■ Q. You believed that payment was made on ac
count of Hie automatic transaction ?
A. What payment ?
Q. Early in February, 1875. with bonds or witl
whatever it- -was made, about' §100, 000?
A.. I don’t know of any payment having beci
made iii February, of bonds or of anything of tin
kind.
Q. Perhaps it was not in February !
• A. I know this ; that payments eqiinl to 8100.
(100 were made to Harrington by Mr. Gould, part
in rush and part in bonds, in settlement of his in¬
dividual share of the transaction based upon that
paper of Dec, 30tlf, 187*1. •
Q. That is the only payment, ever made by Mr.
Gould on that account to Mr. Harrington, or to any
ol the party that mndu that conveyance?
Q. When was this payment of 8*100,000 made?
A. I don’t know positively ; I think it was about
some time in the latter part of April, 1875 — I think
it was just prior to Air. Harrington’s departure for
Europe.
Q. He went to Europe, and has not been back
since? A. Yes, sir.
Q. AH'. Morosini was mistaken in his date of
February? A. Yes, sir.
Re-direct examination by Mr. Butler, :
l l!is which has been referred to, is brought
by Edison & Harrington jointly against Gould and.
the Atlantic and Pacific Telegraph Company ?
A. Yes, sir.
Q. After reciting in the bill a series of deeds you
discuss the legal bearing of each one of them ?
A. I presume that is tile object. My counsel
drew the bill ; there is no doubt that, the bill is 2363.
properly drawn.:
Q. The first one you put in is the deed of Janu¬
ary 1st, conveying to Harrington Edison’s inven¬
tion? A. In duplex and quadruple*.
Q. Then there was a deed by Harrington, which
was one of the exhibits ? A. '.Yes, sir.
Q. Then you come and put in the deed of the 4th
of January, from Edison to Gould ? A. Yes, sir.
Q. Then you put in the deed of Alarcli Oth?
A. Yes, sir.
Q. In each one of those exhibits you discussed
as you did this one mentioned here ? 2364
A. Yes, sir; I think so. . . ' :
Q. State whether that transaction covered by all
those deeds or fullilled by all those deeds wns not
a carrying out of the agreement of Dec. 30th, 1874 ?
. Objected to, anil withdrawn.
Q. Were they not intended to ben carrying out?
Judge Porter.- 1 object to the question. The
counsel asks two questions. First, was all tlm a
carrying out of the original agreement.
The Court. — That is withdrawn. 2366
Judge Porter. — Then ho asks, in order to reach
tho same point by indirection, which he is not per¬
mitted to do directly. “Did you intend that a
that should bo carrying into elfect the onginal
agreement?”
The Court — It is a matter of inference from all
the facts, but not from his statement. You migli
0 1
737
Plaintiffs now resume, the conduct of their case.
May 14, 1877.
Edward U. Johnson-, culled for plaintiffs,
sworn :
Direct-examination hy Mr. Wheeler: 2368
Q. Where do yon reside ? A. In New York.
Q. What is your business '
. A. Well, I am at present engaged in selling du¬
plicating ink.
' Q. Wlmt is your position in the uompnny which
makes and sells that duplicating ink ?
A. General manager, secretary and treasurer.
Q. You call it the Electro Chemical Company,
don’t you? A. Yes, sir.
Q. Before you became the secretary and mana¬
ger of tlie company, what was your business?
A. I was assistant electrician of the Atlantic and 2369
Pacific Telegraph Compnny.
Q. How long did you occupy that position ?
A. About a year and a half.
Q. What was your business before that?
A... General' manager of the Automatic Telegraph
Company.
Q. How long were yon general manager of the
Automatic Telegraph Co.?
A. Well, T don’t know exactly how long I occu¬
pied that particular position. 1 occupied the posi¬
tion of general supervisor of the automatic tele¬
graph system and apparatus, and finally of the
line after it was open for about finite years.
Q. When was the line opened for business I
A. 1 think on the 1st of January, 1S73.
Q. flow long previous to the Istof January, 1873,
had you been acquainted and familiar with the bus¬
iness of telegraphy, and in what capacity ?
A. Previous to January, 1873, about sixteen
years.
■ Q. You began ns an operator, 1 think ?
780
A. Yes, sir.
Q. You have been practically a telegraph opera¬
tor yourself?
A. Yes, sir ; for twenty years.
Q. Then you subsequently look charge of this
Automatic Telegraph Company's business ?
2371 A. Yes, sir.
Q. You hud charge of that, did you not, during
the entire time that that company lmd a separate
and active existence 1
A. I laid charge of it from the fall of 1871 ; there,
had been some experimental work done previous
to that when I was not here.
Q. When you became assistant-electrician of the
Atlantic and Pacific Telegraph Company, what
part of their business did you have charge of?
A. I was appointed to that position .with special
reference to putting the automatic into operation on
their lines.
Q. Now, in the course of this experience which
you thushad, state whether or not you have obtained
a practical familiarity with the actual working and
operation of the automatic system of telegraphy t
A. A thorough one ?
Q. Have you examined this drawing, Exhibit V.
of which there is a copy on the black board ?
A. As it is there.
Q- Ihrj Icrstand the drawing and the plan
represented by it?
A. Yes, sir!
Q. I Think you heard the testimony or Mr. Van-
23*3 Hovenbtirgli in regard to it ? A. All of it.
Q. And of D’Tnfrevilie? A. I did.
Q. Is it of any practical advantage, and, if so,
wlmt, to operate a line of telegraph exclusively on
the automatic and chemical system of transmission
which has been described in the course of the case,
uiul which you have stated yourself to be familiar
with < .
A. Exclusive of the Morse or any ai>uaratus for
signalling?
Q. Yes. A. No value whatever.
Q. Why not?
A. In any system of telegraphy it is necessary
that the two operators, ono at the transmitting end
and the other at tile receiving end, shall have some
means of full communication between each other, so
that one shall be apprised of what the other is do- 2874
ing or about. to do iu the transmission of messages
— the cessation of transmission, etc.
Q. What is the general course of the day’s busi¬
ness iu the actual working of a telegraph line ?
A. Well, it commences uL the minimum at eight
o’clock inthe morning, inemses gradually until about
twelve, and continues about tile same then till three,
probably a little longer in some cases. You can¬
not exactly duliueit, for the reason that it is differ¬
ent in different offices. That is about the way that
it comes in New York offices, and it falls off again
after three until six.
Q. That would be substantially the same in any iA'°
huge offices in this country.
A. oil, yes ; tile greatest volume of business, of
course, is in the middle of the day.
Q. Now, in the practical conduct of the business
of the line, bow would you employ this automatic
system that you have spoken of and the Morse sys¬
tem in combination ?
A. The ordinary automatic and Morse combina¬
tion ?
Q. Yes. I nm not speaking now of the quadru-
plex or any contrivance of that sort, but independ¬
ently of that, how, in the practical conduct of the 2371;
business of the line, do you And it most desirable
and advantageous to combine the two or use the
two together?
• A, You mean that electrically. I suppose. There
can be two answers given to the question as it is
P"q. I ask tile practical conduct of the business of
the line: how you do it in transmitting messages?
A. I use the Morse ns 1111 auxiliary to the autol
741
740
mntic, to convoy to tho operator a t the receiving end
tlio fact tiiat I desire to send him messages.
By the Court :
Q. Eor the pill-poses of communication between
tile operators as to tlio mode of doing business i
A. As to tile mode of doing business, and also for
the purpose of explaining.
Q. It is not for the purpose of transmitting tlio
message that is to lie sent, but for the purpose of
ascertaining whether that message is correctly sent i
A. Well, it’s both. We send a message by the
automatic, and follow it up by a message by the
Q. Kejieat the message ( •
A. No; a dilferent message.
Q. The automatic is for the purpose of sending a.
message to he transmitted, and tlio Morse for the
2878 purpose of communication between the operators as
to the manner of doing the business and correcting
errors and notifying of false signals, etc. '(
A. Yes, sir.
By Mr. Wheeler :
Q. Now in regard to the period of the day and
the state or file business in which you would use
one or the other, how do you in practice lind it nr-
Imilly most advantageous to use the one or the
other f
A. In the morning and up to about It o’clock, in
eg!-., Practice the Morse has sufficient capacity to carry
llie business; after that time, and up to 3 or 4
o’clock in tlienfternoon, an increased capacity is re¬
quired, and then tlio automatic is brought into play.
After that the business is again done by the Morse,
and tile automatic operator relieved for other work.
Q- And by combining the two in that way that
you have just detailed, you would find a practical
economy and advantage in the use of your operat¬
ors and employees ( A. Very great.
Q. Before Mr. Edison’s improvements were made
in tlio automatic system of telegraphy, state wheth¬
er or not in practice messages could he transmitted
by it as rapidly as by the Morse system upon it
line ?
A. On a line from here to Washington, 300 miles, a
message could actually be transmitted over the wire-®®®
more rapidly than by the Morse, lint it could be
handled quicker by the Morst from the sender to
the receiver of the message.
Q. What were the practical improvements which
Mr. Edison made in that automatic system of tele¬
graphy ?
A. Tlie perforator, chemical solution for the re¬
ceiving paper, and compensation for the static
charge of the wire.
Q. Now in practice, ill thu actual conduct and
iniiiiugetiieiit of the line, what effect did those in¬
ventions of Mr. Edison, as applied in your com-ggg]
puny, have upon your capacity to do business upon
tlie line 1
A. Increased it very largely, made the automatic
system, us a system, a practical thing.
Q. Did you find, in practice, that these inventions
were equal to tlie work for which they were seve¬
rally designed, and, if so, to what extent?
A. Tho perforator and recording paper were— the
invention for compensating for the static charge of
the wire failed at certain limits, certain length of
line, in this country.
({. On what limits i
A. It would vary, according to the speed to be 2382
required- If you wanted 000 words a minute, which
you have to have for margin of effective operation,
it would cease at 300 or 100 miles— beyond that you
could not get (lie necessary 000 words.
Q. Now when you speak of 000 words a minute,
you speak, as l understand you, of the actual speed
of transmission. A. Yes, sir.
• Q. Now take tlie circuit of the length of 300 miles
742
on which you wore able, by using these inventions
. of Mr. Edison, which you have mentioned, to trans¬
mit; words during the actual processor transmission
nt the rate of f>()» wolds a minute, wlmt, in pinutice,
were you able to do upon that line, in an hour, in
reference to the speed of transmission !
‘ 28, S3 A. About 12001) wcrds.
Q- How ninny words would that bo in a minute
. 200.
Q. Now take a circuit or fiOO miles, what actual
speed of transmission were you able to accomplish
. in a circuit of that length t '
A. 200 words u minute, providing the wires were
in good condition.
Q. Wlmt was your average speed of transmission
daring an hour, during business hours on that
length of circuit '
A. I i
r had a
circuit that length to work
0..„ . ->(.,() " ol ,ls ! 1 lluver had a circuit that length in con-
-064,1, ii„nj such that 1 could do 200 words— the average
would be about 80 or 00.
Q. That is on a circuit of BOO miles 1
A. A circuit of BOO miles.
Q. io what is this difference between the aver¬
age irate at which the business was actually done,
and the possible rate of transmission during anv
particular minute, due ?
A. It is greater on short circuits than on longer
ones ; do you refer to the Buffalo circuit {
Q. Take it on any circuit— the difference between
in thebest rale, and the average rate, the business
2380 "ar ,U’"e’ tH wllut »™» that duel
,,,, , 0 tllu ,,BCCssity for frequent interruptions.
1 he shorter the circuit the more promptly tliebusi-
tess must be handled ; fewer messages are put on a
reel; therefore, the actual carrying capacity of the
W ire, and the amount of business actually got over
i was very much less in proportion to the actual
.. pmitj of the circuit than it would be on the
■ Buffalo circuit, the longer circuit.
743
Q. Would it bo ndviintngumis in tho actual con¬
duct of the business of telegraphy to use such a
contrivance as that which is shown in Exhibit V,
of which a copy is on the black-board '
A. Yes, sir.
Q. How ; in what respect would it he advantage¬
ous, and how would you use it in the actual con- 28
duct of business i
A. ft provides another wire, as it were, for mak¬
ing the signals and making corrections of messages,
and all that sort of thing, without interrupting the
automatic transmission, which can go on contin¬
uously .
Q. On which side would it be practically advan¬
tageous to usu the automatic, and on which the
Morse 1
A. On the neutral side tho automatic, and the
polarized side the Morse.
Q. To what extent would the capacity of the wire •
be increased practically by the use of the eontriv- 28
a aces which are shown in that Exhibit — take for
example, in the first place, a circuit of about 300
miles in length, or about that length 1
A. Giving a speed of fillO words a minute on a
circuit of 3(H) miles, as r bat e shown before on a
plain automatic, it would be reduced in practice to
about 200 words a minute to keep it continuously
running, or as nt t I uiing as it would be
possible by any method to keep it, \ on would, at
least, double that, or get 400 words a minute on the
automatic side, that is in one direction. That would
be, say a gain of 100 pci- cent. 2S
Q. If it were duplexed !
A. You would make a still greater gain in propor¬
tion, for the reason that you would get 400 words
Q. From the other direction i _
A. Front the other direction, which would be a
still greater gain.
Q. .How would it be on a circuit of 100 miles in
length, such as a Philadelphia circuit I
A. I lie gum would be greater there, or course, be-
cause of doing away with the greater interruption.
Having a capacity or 800 words a minute between
lieroand Philadelphia you could keep it running at
near that constantly, and, or course, transmitting
more matter, the gain would lie greater.
8f Q. Have you ever, in the practical conductor
your automatic line, had occasion to employ a mag-
net like this magnet 0, shown on the drawing, in
connection with the automatic receiver in a shunt
Q. "'hat do you find the practical operation
a magnet, likoO on the drawing, in connection with
shown W5':eivo,‘ 11 circuit, ns also
A. It sharpens the characters — makes them
more clear and distinct.
90 i ^ Imvu J’°» ever employed an overflow
Ham m tlie practical conduct of an nutomiitio line I
A. Always.
Q. At which end have you round it in practice
most desirable to employ it ?
n t'-nnsmittmg end, almost wholly.
r 1 What has been Hie practical advantage
of employ, ng itat the transmitting end ?
A. Heuause, the work which it is designed to do
is largely at that end— tliree-foiiitlis of it.
Q- Explain 1
terv- l’ll° "10»>entary impulse sent from tile bat-
rt/Jn f '1? raPW signalling of untonm-
J 1 v n'ni °"S i wire fo keeomc statically charged ful-
‘L y ” H,° ])oUlt wf iu,|ctlon of tho line with
l«t <leclines in J-eguliir plane bom
at point or junction to the distant end or
iu J •so„ tllat tliree-toiirtlis or that churgo
overflow ilnn"**1 hn.,(. of tl,e wir«. •»'«! this
for . o J,,'ovul,"g «i means of escape
isLeae t l'rtn 0Urt,1S ilt Ihe end ilt which it
liot to , ’ " °"*8 ,t t° escape at that end, und
t0 ""vers" the ontb'o length of tlie wire and
pass through tlie receiving paper in a sluggish
maimer and cause a tailing.
Q. Have you Imd any practical experience with
tlie use ot two pens ill a chemical recording instru¬
ment, such as is shown at X, in tlie drawing?
A. Yes, sir; I have used two pens, but not ex¬
actly in Hint connection— not for that purpose. 2892
I have frequently used two peas, however.
Q. Well, ill (lie practical work of recording, did
you use them as they were used there j
A. Yes, sir.
Q. Did you And, in practical operation that
there was any difficulty in reading the marks— tlie
signals that were recorded by those two pens ?
A. Oil, no ; not in tlie way I used them.
Q. Would there he any difficulty in the opera¬
tion ot tlie method shown in Exhibit Y, its you
have described it hero ? A. I seu none.
Q. State whether the facts and figures which you
hare given to-day are the result of a calculation on ‘
your part, nr whether they are the result or your
own practical experience which you have detailed i
A. My own actual experience ; I never make cal¬
culations.
Q. Are you acquainted witli a system of tele¬
graphy in* which the transmission is itoi i t i 1
the reception of tlie signals is magnetic ?
A. Yes, sir.
Q. State whether or not, by the application of
tlie devices which are shown in Exhibit V to such
an niitnmnlic system ns that, any advantage would
be gained practically, and if so, wluitl 2394
A. Tlie advantage would lie gained just iii pro¬
portion ns tlie capacity ot an electro magnet is
greater than tlie capacity of a Morse operator, to
make tlie signals or write them with a pen, which
is within hounds to say fiO per cent.. 1 suppose.
Q. In actual practice in the working of a magnet
like O, in connection with an electro chemical re¬
ceiver in a shunt circuit, have you employed a
single spool or a double spool magnet ?
A. .The ordinary double spool magnet— regale
horseshoe shape. •
Q. So that in this which is shown ns n sing!
magnet, it is simply a side view— the other spot)
is on llio other side 1
A. Undoubtedly, ns there is no t I
used in a quadruples.
Q. It is the smile as till's wliicli is shown in tlia
view, marked electro magnet, as a doable spool (re
terring to Exhibit V) ? A. Yes.
Q. That remark would apply to the sounders I
unci T, which is also shown on this drawing Exliibi
V i A. Yes, sir.
Qross-examinalion by Mr. Dickerson.
Q. The last machine or system that you talk o
is having what brother Wheeler calls automatic in
me end, and magnetic at the other, was Wheat
done's, was it not? A. No, sir.
Q. What -was it? ' '
A. An apparatus lately devised by Mr. Edison.
Iiimseli.
Q. It is not in use ?
A. Well, he is using his best efforts to get it ii
Q. It is not in use ? A. No, sir ; not yet.
Q. We are speaking of systems that are in use
or I supposed we were ?
A. lie did not so frame his question.
Q. That is what you meant. Something that Mr
Edison had invented ?
A. T was alluding to that particularly ; yes, sir
Q. What was that i
A. It is a contrivance for receiving a messagi
automatically, embossing it on a piece of paper
and using those embossed characters for transmitt
ing it into another circuit, so that the machine itsel
becomes an automatic magnetic receiver and ni
automatic transmitter.
Q. In so far us it is an automatic receiver, it ii
substantially the Morse telegraph, isn’t it ?
A. Precisely; yes, sir; .substantially the Morse
telegraph; substantially the Morse register, but
not the Morse telegraph as commonly used.
Q. There is no such thing us a Morse telegraph
commonly used at all, is there?
A. Well, putting that construction on it, there
is not. . 2!
Q. There is no such thing as a Morse telegraph,
commonly used — it is a telephone, a sounder?
A. Yes, sir ; the sounder is a telephone strictly.
Q. The Morse telegraph disappeared from use a
good many years ago i
A. The Morse register did, the recording itistru-
Q. The instrument that writes at a distance, dis¬
appeared many years ago, the electro-magnetic tele¬
graph ?
A. No ; they are in use very largely in this
country, yet, to-day. 2<
Q. In some places where the opera tors can’ tread,
I suppose?
A. Where they can’t read by sound, of course —
that is the object.
Q. But in all the great business of the country,
it is done by telephone?
A. The telegraph companies use the sounder.
Q. So t luit as a general proposition the telegraph
has disappeared ?
A. The great majority is done by the sounder or
telephone as you call it, and the smaller quantity
is done still by the Morse register.
Q. Because the receivers can't read by sound in 2-
those cases ? A. Yes, sir.
Q. Now, the thing you have described to the
Court is an automatic and an electro-magnetic re¬
ceiver, embossing the message upon paper— that is
the thing you have described ? A. Yes, sir.
Q. That is the original Mr is tele,i ]l Isn’t it 1
A. Not in its entirety.
Q. Why not? Didn’t the original Morse tele¬
graph have an automatic transmitter i
A. Perhaps it did, but not in that shape.
Q. It had n transmitter by making and breaking
le circuit by means of an automatic instrument,
id n't it. A. Well, I don't know.
Q. Lot me see what your dillieulty is in saying
heritor ttioy nro alike or not ? What is your trans¬
it ler that you have just, now been describing?
A. Tlie transmitter is this: haring received the
lnmctorsnnd embossed them upon Ihoelertro-mng-
L*lic receiver or embosser ns we call it, those emboss-
1 elm 1 III t sol spring -
Q. I don’t care about that ; 1 am going to the
‘tier end ; go back to the original sundiug end of
in apparatus that resulted in the embossed clmrac-
>rs ; do you understand that ?
A. It may be two things; it maybe the Morse
Iterator, or it may be one of these machines itself.
Q. You said to the Court that there was a case
f automatic transmission ? A. Yes.
Q. An automatic receiver? A. Yes, sir.
Q. Now, I want you to tell tin* Court what you
leant by automatic transmission — what was it t
A. I mean the apparatus which autonuitically
nnsmits these characters which have previously
jen embossed on this sheet of paper.
Q. Then, you didn’t mean by what you said, to
■11 the Court that the instrument had an niltonm-
« transmitter at the place where the message orig-
A. At the place where the message originated it
Q. Then, I want to know what that automatic
mnsmitter is?
A. Precisely the thing that I have described.
Q. Wlint is it?
A. AVlmt you mean is, that the message origin-
lly sent is not translated from the despatch, which
»: handed in by the customer himself to the lino
lirectly in an automatic way— I agree with vou in
lint.
fact you had in your mind when you answered l lie
qttcst’nu, and stated to tliu Court the iiiiichiuu you
intended to describe by tliu words " automatic
transmitter and magnetic receiver — ” T want you to
first describe the thing you meant by “Automatic
transmitter?
A. I have described it to the b.-st of my ability. It 2404
isa machine which is made to open and close the cir¬
cuit and transmit the characters that; have previous¬
ly been embossed upon a sheet of paper. It is auto¬
matic in its action in so far as the impulses of Hie
battery are conveyed lo the line, and of course to
the receiving instrument at the distant end, by the
apparatus itsclL
Q.'Then, if I understand you, the message being
received in the olliee is to be embossed by some ma¬
chine then; upon a strip 1
A. No, sir ; upon a sheet of paper.
Q. (/f/y the Court.)— Is it perforated paper? 2405
A. No, sir; it isa substitute for perforated pa-
u by a substitute for per-
Q. Wlmt do you n
forateil paper?
A. T mean that: instead of the paper being punc¬
tured, entirely perforated and a portion of the pa¬
per taken out’ that then; is an indentation made in
the paper, which amounts to the same thing as a
perforation, inasmuch as in the apparatus ftw re¬
transmitting it, there is a little point that comes on
and drops into that idenliitiou, and allows thoexten-
sion of that point to close the circuit.
Q. Now, when the message conies into the office 2400
to be sent, what is done with it lirst in the plan
that you have suggested by the description which
vou gave?
A.‘ It may be embossed upon a sheet of paper
locally in that olliee, or it may be transmitted by a
Morse operator to a machine at a distiiut station
and there embossed— either one.
Q. For transmission ? A. For transmission. >
Q. I don’ t
anything— I want to get nt the
' . . - . 1 1 .
rm said Mint there .was mi apparatus or system
Inch wns automatic as a transmitter, and magnetic
ia receiver? A. Yes, sir.
Q. Now, of course, yon can do anything with a
icssago Mint comes in — you may burn it if yon
he, hut. 1 want to know what part of the system
is that makes it niiit.ninticiit the moment is is re¬
eved into the office, and before it is sent over the
ne : is there an apparatus for embossing the paper
le same as for punching?
A. Yes, sir; not exactly the same apparatus, but
is n similar apparatus.
Q. An analogous apparatus ? A. Yes, sir.
Q. There is some kind of apparatus, which being
layed upon by keys, produces an embossed strip
i place of a punched strip ?
A. The same, only there are no keys — it is a
ngle Morse key.
Q. Then the operator by a single Morse key puls
lis paper in and embosses it? A. Yes,' sir.
Q. And he can emboss, it ns fast as he can send it
rer the line? •
Q. Yes, sir; lie can do it faster because it is a
cal operation, and there are none of the conditions
nit exist On the line to take into account; he lias
Jt got. the operator at the. other end of the line to
;ed. The embosser is much slower than the per-
Q. When the message comes into the office, then
le person who is going to emboss has a Morse
-y ? A. Yes, sir.
Q. And ho begins and works down that key just
e same as if lie was going to work a message ?
A. Except a little faster saving in delays.
Q. 'L’lie limit whidi a mm can sound over all or
nary machine is the limit at which he can work
eline fifty words a minute and the receiver not bo
)le to receive twenty words a niinu to. .
Q. The. car can take faster than a man can
sound?
A. Yes, sir ; but the ear cannot copy down a
message ; it has first to he received by the ear and
written out. A man can not write out with tliopen
any faster than an operator can send witli a key.
Q. The best operator rliatyou have ever heard of 2410
can’t send more than 40 words a minute, cun he 1
A. Yes, sir ; T can send more.
Q. How much more can you send ?
A. 42 or 48 words.
Q. How long can yon keep that up ?
A. I don’t know how long I could keep it up
now ; there was a time when I was in practice that
I could keep it up all day.
Q. You have sent 48 words a minute all day ?
A. I have done it for 13 hours — not 48 words a
minute but. pretty close.
Q. There was another man a t the end that wrote
it out? A. Yes, sir.
Q. If you had sent it faster than 48 words a
minute he could have written it out ?
A. No, sir ; lie might have t wo or three words, but
the speed of one is about equal to the other. There
is very little difference between the ability of a nnul
to write with his pen and the ability of a man to
transmit, with a key.
Q. They being about equal, the fastest r.ite an
operator can send is 42 or 43 words a minute »
A. Yes, sir.
Q. Yon have never seen a better late than that i
A. I have seen 51. 2412
Q. And you have seen a man write them down 1
A. I wrote them down myself.
Q. Thordforo 51 words can be written down ?
A. Yes, sir.
Q. Now, your embosser that, embosses paper
can’t do any such work ?
A. The same operator would do that certainly.
Q. Can lie oniboss on that paper as fast ns he can
send with a key? A. Undoubtedly.
Q. He lms got to do a great deal more work I
in working a circuit ? A. How so ?
■ Q. lie has got to put more power on ?
A. lie lias a local instrument, anil lie can pu
all the power he wants.
Q. Then he can work as fast as though he
113 sending? A. Faster.
Q. After he lias got his paper embossed, i
had lioun at the same time sending, his must
would have been delivered at the other end
A. Undoubtedly, if there were no obstacles.
Q. So that at the time begot done with his
bossing he might have had the message at
other eml, in the hands of a messenger hoy ?
A. if there were no other obstacles— if the
was ready at his command, which it very sehloi
else working it.
Q. Hut 1 am ■:
supposing that f.
ig a man a line to work —
man has a line to work —
o the oflice with a taessag
A. Taking a single message — supposing a li
always ready for that particular mail— there
necessity for quadruple X, or anything else, if
have got a single message only.
1). Suppose 1 have got as many messages bro
into 'the office’ as a single man can take i
straight along, from the rising of the sun tc
going down thereof, to transmit the messages.
A. Then they have got to follow each other.
Q. Now, the man that is operating there tliit
hours on a stretch could send a grcaL many, i
messages than if he began and embossed them
then afterwards put them thromrh the line?
Q. It takes two men to do the work of one by
hat method ?
A. No ; not by any moans; the man who is em-
mssing messages is not embossing for that partic-
tlar circuit all the time, anil as he is working 1<>- 2416
ally lie is never interfered with by other operators ;
ind lie can preparu messages for that and other
lireuits running out of the office at that time, so
hat. his time is fully occupied.
Q. So that a man who has not got any wire to
vorlt on can got. messages ready Tor the wire when
t is ready?
A. No ; I mean that when one wire is fully oc-
mpied with messages being transmitted this man
inn prepare messages for another wire not occupied ;
his man does work tor two or three wires.
Q. Hadn’t lie better go to the other wire nnd^-
, voile it in the place of embossing messages ?
A. No, he could not— there is already an operator
here. , .
Q. Then you have got all yonr wires occupied
nid somebody else is embossing ?
A. The idea is yon are fully utilizing the capa¬
city of that Morse operator to emboss where if you
set him at any particular wire you would only
have him busy half the time.
Q. When he is out of a job on his particular
wire he can go to embossing ? A. Me can.
Q. Why don’t he continue at it? ;
A. ft he was out of a job he would have no. 41 f
message and lie would emboss for some other wire.
Q. Every man is doing his own business-the
operator to Boston, takes care of the Boston wile
the operator to Albany lakes care or the Albany
'*A.? There is another element; l say by this
method you get an increased capacity.
Q. Mr. Morse’s plan was the same, it was m
with thu transmitter by mun occupied in that busi¬
ness ami when they aro sot up they are handed to
the electrician or operator and ho slioote them over
the line just the same as the paper perforated nut-
eliine does.
A. 1 don’t know — that may have been the Morse
24 10 plan, bat it is not this plan.
Q. Tile difference is hero ; you use embossed pa¬
per instead of setting of type ? A. Yus, sir.
Q. You have got. typo setters that rail set 120
words a minute, haven't you !
A. r don’t know anything about, typo setting.
Q. If you have got a type setter that would set
t20 words, it would work faster than your system i
A. I ci
ir that.
Q. Your embossed system is the one you think
Exhibit “V” would be particularly useful with t
A. If there is a difference between the capacity
of the Morse, and the capacity of an electro mng-
- - net to receive ; then you can increase the capacity
of that qnadruplex Morse apparatus just bv that
difference, whatever it is.
Mr. Dicl-nrxmi.— And you can increase the capa¬
city of a single Morse wire by the same singly.
Q. Therefore it has no application to the quad¬
ruples i
A. Except you can multiply that increase, whul-
Q. If you hare got a fast method of transmitting
a message you can send four times ns many messa-
2421 ges by the qnadruplex, and you can take advan¬
tage as much in the one case as in the other?
A. Precisely so— the faster your method, the
greater your gain, because the greater the amount
or business transmitted over that wire the more
economical it becomes to have special operators, to
prepare those messages. If you have only enough
messages to keep a Morse wire constantly at work
Kirn a Morse operator there is no advantage with
any automatic system. But if you have gotdoublo
the amount of business, a Morse operator can trans¬
mit, then it bucotnes necessary either to build another
wire or to increase tile capacity of the one you
have got, and then you can afford to put on special
automatic operators— attach them to that wire
locally.
Q. In other words, if your business increases in 2422
your oflice, beyond the capacity of one operator,
and one wire it would be a good thing to increase
the operators '<
A. It would be best, to increase the capacity of
them.
Q. Now, if I understood you, you said that your
practical experience — not meaning to make any
calculations yourself— your practical experience
was that whereas the capacity of an automatic wire
might be 501) words a minute it in practice came
down to 150 words a minute ?
A. I didn’t say 150 words a minute, but " " 2423
Q. Be kind enough to supply me with the fig¬
ure? A. 200. . ,
y. 200 words a minute ; and, that this resulted
from the Tact that you had to transmit by the
Morse relay messages in regard to the conduct of
the business. You made that statement?
A. Yes, sir.
Q. And therefore, out off) hours work, you can
send 2 hours automatic and 3 hours is occupied in
chaffing with the Morse relay, in regard to the bus¬
iness that has been sent during the 2 hours— mac
is vour proposition t , -
A. If you put it in that way' dint is the practical
Q. So that after having got mis fast system of
telegraphy, in point of fact you have got to use it
Morse, for 3 hours out of every 5, by way oi
crutch,, to make that other thing work !
A. To make it effective-yes, sir ; I agree with
yQ! And therefore that being the case, they have
2424
dii these lilies practically superseded Hie mitnimit-
ic, and put on the ordinary Morse duplex— to
Boston, Chicago, Philadelphia and so on, haven't
they ;
A, Well, you give that as a reason.
Q. You knmv that as a fact, don’t you '!
A. Well, only to a certain extent.
Q. If that is tlie fact, the reason I have suggest-
id, would la! a very good reason for the fact,
would it not <
A. If it. was the fact it would lie.
Q. You think upon the whole, that the Morse is
i better machine than theantoiimlie. notwithstand-
ng all those f>00 words a minute 't A. No, sir.
Q. Don’t you think sol
A. No, sir; I think the automatic is very val-
lahle in connection with the other, and of no value
without ; but the Morse is of vnluo without.
Q. You have said the automatic was of no value
without the Morse — is it because you cannot get
nick the “OK”? A. Perhaps.
Q. Is there any trouble in getting back the “0
v by switching out your receiver, and switching
n your transmitter?
A. Such trouble as to make the whole thing
Q. You shunt one out, or cut one out t
A. I don’t know what you term a receiver— do
t’ou menu a Morse instrument !
Q. No, sir ; l am talking about your automatic ;
rou have got out your automatic, and hiive a re-
teiver and transmitter at each end ?
A. It. is a receiver nnd transmitter? A. i cs, sir.
Q. When it is working as a receiver it is not a
tmnsinitter ? A. No, sir.
Q. When you arc working it as a transmitter you
have got to do something to make it a. receiver and
what is it ? You have got a message received and
votir ribbon laid by and now yon want to send 2428
oho- — what do you do ' A. The first thing is to
acknowledge the receipt of the one just received.
Q. No matter about that. A. That tides matter,
because that is what you have to do.
Q. You can send without tliiit acknowledgment i
A. No, sir; you cannot; the operator at the other
end Won’t receive a message until he has got an
acknowledgment.
Q. Now he has sent his message through and has
stopped and he has put, if you please, at the end of
his message “O. K. >” A. On the end othis mes¬
sage ; no, sir. .... 2421
Q. There is nothing to prevent him doing that in
the constitution of the United States I
A. No,; sir; but the telegraph company won t
let that- lie done.
Q. They won t let a man send at the same time
“this is alir A. No, sir. Q. Whore is the law i A.
I didn’t say there was any law ; it is the rule of the
Telegraph Company. Q. What is the object of
that rule t A. The object of that rule is to pret eat
the message being ackitowlcdged as “ 0. k. when
it is not. O. 1 ask about tlie rule in relation to
sending? A. I say the acknowledgment, has got
to be made of the receipt of that message. -
Q. You suv it is because of the rule of the oilice,
what is the object of it? A. Its object is
guarantee that the message has been receivut
Q. Let the man know that the message has been
received just as the Morse message I A- ^ ’
the receipt of Morse messages are not acknowledged
bv the receiver. , . . . . , . :..
Q. But they might be ( A. there is no j
- r
W- {!>!/ mb Uourl.)— Suppose tho rule of the Tele-
graph Company required it?
A. It is not. only tho l-ulo but Ihonernssity of the
ease ; otherwise it would not bo known that tile
message was received and the operator that trans¬
mitted it would bu indoubt and would refuse to do
1 anything until it was remedied.
Q. The sender is in doubt when lie has ran
his ribbon through, whethor tho message hasgone
to Philadelphia or has spilleillout, A. Hois indoubt
whether it Ims nil been received or only a part of it.
A part of it only may have been received ; some¬
body may have opened a key, not knowing that the
line was in operation and taken two or throe words
out of it.
Q. Mow when the man Ims got his last word that
lie is sending off his ribbon, if lie punched “O K,”
in his ribbon and that went to Philadelphia, the
man at Philadelphia would know then that that
was the end of that message, wouldn’t, he '
A. He would know, that that was the end of the
message. There is another way of doing it, and
that is by sending “ M. M. M.” „-i,ieh does tho
same thing; it indicates the end of the message-
Q. That, having gone to the manat Philadelphia
he knows that it is theclid of the message?
. . Acs, sir; lie knows.it by seeing the circuit
closed and a long straight line.
Q. lie would know it by the same signal trans¬
mitted automatically >
A. We will admit that.
Q. It. is true? A. Yes, sir.
Q. And that his time lias arrived to do some¬
thing ? A. Yes, sir.
h,U may d" t,,en is **»*■ ! he mar
, ” llttIu fhl' <>t paper with “ O K” or he mnv
jmko any other symboi, and put that right on to
las automatic .rnnsmitter and send it buck ?
A. Yes ; but how long would it take him to do
that ?
Q. I am going to ask you. The receiver Inis got
in his hands tho littlu slip which has got tho pre¬
concerted symbol on it, and he puts it. into his in¬
strument and pulls it through, and that will send
back to the sending end, the information that the 2134
message has been received, won’t it. I A. Yes.
Q. No, how long would it take him to do that ?
A. About foul- times as long as it would take
him to send the word “O. K.”
Q. How long will it take him to do that?
A. lo seconds.
Q. Then ill lo seconds lie can get it, hack to the
other end that it is “O. K.” I A. Yes, sir.
g[Q. Whereas, if lie uses the Morse Key on his
lino to send buck “O. K," lie can get that back in
wluit lime ?
A. If lie simply lias that acknowledgment to,^.
make and nothing else he can get that back in two
seconds.
Q. That is to say it takes 15 seconds to put this
slip in and pull it through for the word “0. K.” ?
A. Yes, sir.
Q. Why is that so much slower when you can
send BOO words a minute on a continuous reel ?
A. It is not a question of transmitting tho signal,
Imt it is a question of putting the tupu in which
tlie signal is perforated into the instrument, and
preparing for its transmission.
Q. All you do is to put the end of the tape be¬
tween the reels ? 248(1
A. That, is all. but it takes In seconds. First
yon raise the arm from the receiving instrument,
and you take that block off and you put the cud of
the tape— first vou pick it up from somewhere it
is not in there ready— you place this acknowledg¬
ment in position ; put it over the drum ; drop that
arm down on it and transmit ; and then you raise
the arm up off that drum prepared to do the next
thing. That operation takes about IS seconds.
Q. Then l.lio “0. K.”- if you used it elioinienlly
would lake about Id seconds, and if you used it
magnetically would lake about 2 seconds, on" your
theory ? A. Yes, sir.
Q. And that is the difference between using the
Morse and automatic, to do the same thing with ?
A. hor that speei.ic purpose, that is tlio differ-
Q. And that is the difference that uses up thu2
liours and a half out of the 5 horn's, isn't it t
A. No, sir; that is not the difference; that is a
rery small element.
Q. Wo will get all the rest of the elements ; you
my. the sending of the “ O.K.” takes two seconds
o a reel ?
A. Yes, sir ; if it is done promptly.
Q. You make up a great many messages on your
A. No, sir; we do not; it depends upon the
engtli of your circuit entirely— for Philadelphia 2
nessages, and with tile circuit to Buffalo 10 or 12.
Q. If you have a dozen on hand vou only make
A. you Imre got a dozen messages to be per-
o niled, and you keep them them until you have
lerforaled them, wo will say that you have de¬
emed them 12 minutes. Now, ir you send those
messages on one reel, when the copyist in Pliila-
lelplna takes the 12th, he has got tocopy II lefoni
legets to the end, and there is another 12 minutes
V‘V 0I, ?"* "O'lntes delay on the last message,
tfes' deit ,<!, " iSU "of luive had over !! miii-
• J |IL'i'°l'ol'(-‘, all things consideivd, it is more ad
an ageous to cut them up into messages of two ut a
tluul to su»d tlio whole, string of tliotn 1
A. Precisely so.
Q. And then it occupied !! minutes out of every
in getting back “O.lv's !’’
A. “O.K’s” and other things.
q. Therefore, you have got to have to practically
crate your automatic some other way of talking,
nt will occupy -I hours ro every 2, that the instru-
mt is transmitting?
. . . ill lex as possible; 1
dee it as little as possible, by employing the most
pert Morse operators I can Had ia the country
i- that particular purpose, so as to consume as lit
; time as possible.
Q. Hut you have sworn to this Court on the di
ct examination and re-utlirm it here, that as i
utter of fact it takes you three hours out of 5 to
i that with all the experts that you employ 1
A. Precisely.
Q. Wo will stand by Hint at present 1
A. You have not explained what that is. a»H.v°l
mi’ t permit me to-vou coniine it to the “0. K.
Q. No, I do not ; 1 coniine it lo what is needfu
i be done 1 ...
A. Coniine it. to those terms and I agree with > o.
-wind is needful to be done.
Q. It is needful to use something besides the an
, malic for ii hours in order to get 2 bonis out n
le telegraph 1 A. Yes, sir.
Q. Therefore if you had a < 1>» Mors' ,
p right alongside of youimutoinatic nnd i.ndoi bBO
I send a day’s message conUn, . ««sly onthe«j«
hi tic, the Morse would Imve to "oik i .
air to get back to you the information
A. You have changed your propoitmns -
Q. Not in the least as I undcrslii aritlmictit
isSSSSrsaa
ive the necessary information i
1. mans equal 10 n day mitomnlic nml n day
I a half Morse '( A. Yus.
>. Therefore you would waul; a lino and a half
lliusiduof llio automatic to oualile it to work
lintiously i
.. Certainly, ir yon put it in that way.
!• Therefore if yon laid Ihequadruphix yon have
on tlin lilauklioard working at ono und tliu
•su would not do your liiisinoss ?
•• Oh, yes ; in pul ling that quudruplcx t lions
very olijout is lo avoid dulays. and lo reduce
. ’l on have told ns that you had lo have 3
is of Morse to 2 hours of automatic — now you
‘got an instrument on this blackboard that sends
stMind automatic simultaneously 1
Then if yon sent autoniatie continuously for
ours you would want the Morse in alongside
ork lift ecu hours to get back I A. No. sir.
P«iy tell me why not ?
Because tin: necessity for this great iiumhcr
gnals here by this method, is reduced loa
ie other way a message, Inn on the one circuit
are sending one message constantly now, and
Have got a Morse operator by the side of the
inatic operator, wlm will notify the automatic
i or if anything is wrong, and unless there is
theru is no necessity for signalling
* 1,,,a is not the case on a plain untie
you have told the court that there is no
oi signalling back under a continuous
01 aiCSS IgGs lllllcSS the receive. Ilmls some
A. Unless the receiver linds soinatliing going
rrong there is no occasion.
Q. Therefore you can send a strip of mossnges
ill day to Philadelphia, without there coming hack
iny “ O.K.” or any other message until something
inppcns ?
A. Until something happens ; yes, sir.
Q. And therefore it is not necessary to break
hem up into messages of two and get. back signals
it the und of each two ?
A. Undoubtedly it is— you have not provided
my means of breaking— interrupting the transmit¬
ting operator, providing he wants to, which is the
point.
Q. Will you tell ITis Honor this truth about the
i atomntic machine, namely that whenever any¬
thing goes wrong in it as it is now worked, the vo-
jeiver immediately breaks the connection and stops
—anything wrong at the receiving end, he breaks
his connection at that end ?
A. Me don’t give notice lo the other end until
the other end has stopped, and il that other end
ilidii’ t stop during the day, he couldn't give notice
to that Other end until the day expired.
Q. Whenever there is anything goes wrong with
him— when he linds something wrong— he finds tin
message not. coming— he has the means at his Im
gers to break the circuit 1
A. ’He has not. He has the means to break tin
circuit, but not to notify the transmitting operator
Q. But the other man at the other end know:
the circuit is broken 1 A. No, sir.
Q. Does not the tell-tale tell him that?
A. There is none there.
Q. Don’t they use a tell-tale on the automatic?
A. No, sir.
Q. It would tell it they used it?
A. No, sir; f have used 20 of them. No dovic
yet known will practically tell. ^ ou can so a jus
it there, that when you break the client a ll
other end it will tell now, and ton minutes lata
704-
may not tell anything about it in practice. Yon
have got to keep adjusting' that all the time. I
have tried 20 of those machines.
Q. The gnlvonoineter will tell I
A. No; it is too slow.
Q. Do you mean to say that a galvanometer set
24 JO over that wire won’t tell you the difference between
the time when the cun-cut was flowing, and when
not?
A. If you watch if closely you would notice the
gradual falling oil in tho current. I have tried
lately galvanometers especially devised for tho pur¬
pose, and I found in some twenty odd experiments
"’hen T had the circuit open on purpose to
do this very thing— and I have been after it a long
time — I have found that I couldn't tell within
thrce-ipmrters of a minute generally, and some¬
times within two minutes when that circuit was
24D0 l,l"kul1 '< iiml then only by watching it very closely
—a tiling that is practically impossible to do in
ordinary work— you have got other things to
watch.
Q. Then you say as matter of fact here that tho
tell-tale won’t give the information when the lino
is and when it is not working?
A. The tell-tale will, ir it is properly adjusted,
give information under certain conditions when
tile line is and when 'it is not working : now, it
..1"...sls iidjiistinuiit by reason of the atmospheric
changes on t he wire, and there may ho others not
necessary to call to mind now; hut that notilica-
-451 tion is a very small part of the work that 1ms to be
done which consumes this three-liftlm.of the time.
<). l ain not at present talking about any lapso
of time whatever ; I am talking upon the simple
question, and 1 want that answered one way or the
other ; does or does not the tell-tale at the trans¬
mitting end inform that oporntor in ease the line
1ms la en broken ?
A. it does not in practice ; in flic very conditions
that existed on all telegraph linos it is not suffi¬
ciently infallible to bo a practical thing.
Q. Then when you put up a duplex chemical you
can always send right back over thu Morse key,
can’t you? A. I. don’t see it; [ don’t see how.
Q. You know whether it can be done or not ?
A. No ; I don’t think it can bo ; a duplex chem¬
ical— what do you mean by that.? the word has
been used here as meaning a continplcx. 2452
Q. I mean a eontrnplux t
A. It could not be done without interfering with
the automatic on tile other circuit; if [you
send in one .direction Morse and the other
wav automatic; a chemical [signal from one
end of that continplcx would interfere with
the automatic and stop it precisely the same as
it would on a plain line.
(j. That is precisely the same problem as is in¬
volved in Exhibit V ; it. don’ t help the matter malt¬
ing it qmidruplox ?
A. That is just what it did-qiimlruplex makes
it possible to obtain a practical duplex automatic -
precisely as it is done with the Hughes printer;
tho quadrnplex principle, has made it pnittii,alilt ■
to duplex the printer and other systems of, line
chmncter. . .
Q. Look at Exhibit N. Do you mean to say that
von could not send back a signal from a Morse key
over that instrument while you were at the same
time transmitting chemical signals from the oppo¬
site end.? ,, ,
A. I don’t see any Morse key or any - ">* ’
strnment a Morse key and a Morse tot u\ t ,
J a! We have there tli t 111 11 1 t n. '
will. It, is not in the mechanical circuit «
vou are working automatic the chemical (.
a complete chemical circuit, mid there is no Mouse
oirenit.
mid llio Jlorsu key tit. Hio ot her end, ami send coa-
tmplox Morse ami a chemically tliu opposite way?
5 A. I don’t know wliothei- yon can in Hint or not ;
I should not judge so from looking at it ; I know
it is dillicnlt; with Hie completu automatic system
plain, you have got to have a complete Morse sys¬
tem plain : and a complete duplex eontrnplox an-
tonnitic tun only be obtained wlion yon have first a
complete qiiadruplex Morse or continplex Morse ; I
don’t rare what you call it. When working Hie
circuit in conjunction with each other, the chemical
I i I nveys no intelligence from the mind of
the operator transmitting to the mind of the ope¬
rator receiving, and it is necessary to have sonic-
.thing to convey that intelligence, and the oulv
thing that is found practicable in use is the Morse
apparatus. 1 f von used it on the plain apparatus,
the plain Morse is all that is requisite ; if von
double the sending automatic, von have got to
have your double Morse.
Q. That Exhibit V on the blackboard is supposed
to be bridged or differential ?
that su |0S' /t-’ * llim‘ 1,1 1 my answers upon
Q. And the bridge is supposed to contain the re¬
ceivers at each end ? A. Yes, sir.
Q. And the senders at each end are supposed to
A Yes' sir'"" ,n° circuit ',,ltsi,lu ,,r tl'.o bridge (
imdei^tw’'01' T ,lnvo 'l sillfflo Morse key right
im dci that mam line circuit atonoeiid.andaainiple
L d in rIJ- V? ■» the other end, and
»» *»« ««<i
machineiy, then you have done that which Mr. Ed¬
ison could not do ; 1 say I dea l, know that it coi
lie dono.
Q. Mr. Edison did Hot invent that ; it was
rented by Mr. D’lnfrevillo; Mr. Edison inveiu
the Morse machine with a single keyand a sound
and two sounders at the other end ; that makes
ordinary Morse machine in your comprehension
A. That, makes an ordinary Morse aincliinu-
don’t make Unit Morse machine.
Q. Mr. Edison di<l not invent Hint?
A. Mr. Edison did invent a Morse out or t
that is particularly alluded to ; he did not inv
that particular form of Morse transmitter.
Q. Mr. Edison did not invent that combinnt
of tlie Morse machine and chemical machine?
A. I don’t know whether he did or not; he
invented something of the sort.
Q. Wo will look at it; you have seen that boh
haven’t you (hands witness Ex. 1’.) ! A. No, s
Q. Edison's qiiadruplex automatic without i
electro magnet '?
A. It is utterly worthless.
Q. I inn not talking about its being utterly wo
less— veil have seen it i A. No, air.
Q. Hp good enough to look at. it, won’t you ?
A. I don’t know that, it would be of any use.
Q. Do you understand it when you see it ?
A. 1 understand these here.
Q. Do you understand what it means !
A. Yes, sir.
Q. You understand that that means i liemu.i
automatic qiiadruplex 1
A. That is the object of it.
” Q. With two pens, the Morse there on that
liibit V
A. I see them here.
Q. And with another chemical receiver, the s
as that is on that Exhibit V, without the intui¬
tion of the polarized relay ?
A. Yus, sir.
Q. Now, that needs, according to your vio\
#
automatic telegraphy, tliu assistance or a Morse
telegraph oi' telephone that would he
three hours forovery two hours for each
senders 1
A. I didn’t shite it.
„ l1 ncetls a Jr,ll'so telegraph in conjnn-
-401 tiou with this, to make this operate in the way
you have described ?
A. Yes, sir ; if does.
Q. Now, yon know, don’t you, that a Morse re-
lay put in that bridge, would respond just the
same as the chemical relay, and responds there?
A. As the chemical receiver? Yes, sir; and
would interfere with the chemical receiver too.
Q. You have got the Morse rein v and the chemi¬
cal relay in that.?
A. The magnet is in a shunt around which the re¬
ceiver is placed, but you put it here, right exact I v
2402 111 the same circuit.
Q. It is a part of a Morse relay there ?
receiver?1 "v* y f" H,e b,i,lst‘> alongside of the
Q. And it will stay there?
H|A'rw0t llIonfsi,1e of the chemical receiver; it is
the difference between the effect of working ami
not working. °
bl-w i |If 'f |,ur “ litrle *°"'el' o'1 higher on the
blackboard, it would be the same?
kinSSf “ W°U,d be
-4G3 Q. they are both in the two branches?.
branch.08’ f"'° bmn0hes’ b,,t not «“ »"»
(\' v‘8k jf'1 "'i,s “ot alongside of it ?
ence to this? ' ^ that VKStion witl'
deLlit'rAyNotl£ PreCiS° q"eSti°"’ nml
A. That is just what I am. Will you' please ask
mu that same question?
Q. I will ask you what l please ; I pointed at
tho blackboard and asked you ir that was not
alongside of the olioinical receiver ns it is there, and
you denied it ? A. I say electrically it is not.
Hearing resumed May Id, 1877.
Cross-examination of Ur. Johnson continued by
Mr. Dickerson :
Q. I think you stated yesterday that the diffi¬
culty in sending more than two messages at a time
arose from tho punching apparatus which would
not work well if you undertook to send a great
many messages at a time ; wasn’t that so ?
A, Yos.
Q. So that it is not the condition or the line but ^-tfio
the circumstances under which the messages are
prepared that, in your view, prevents the sending
of a number together!
A. Thu preparation of the messages and the copy¬
ing them after they have been received.
Q. This same difficulty about the preparation of
the messages, and the same difficulty about the re¬
ceiving would exist whether you had quadruples
or simplex or eontmplex. wouldn t it !
A. No; the same difficulty would ln '’"e
sense: but this (Ex. V) would remove the diffio.ilty
consequent upon that nec essity of dividing tlium 3400
up; it would not remove the necessity for dividing
them; up, but it enables you to divide them up
without delay. In other words, it removes those
drawbacks. . . . ...umi,
Q. When yon divide them up into two. which
you say you would have .0 do in either ease and
send them, then would you expect to ge >
hMk e“’t
because you have here that which enables you at
VIII to command the attention of llio tmnsmittinj
ipemtor. and flint removes the necessity for malt
"" signals until something shall happen or tin
il somethin'; wrong takes place, or until the re
Hiving operator asks some question or wants snnn
i formation.
Q. I’lien you keep this Afor.se machine ready t(
so when the receiver shall he of the opinion thin
mieth mg ought to ho done? .A. That is mv theory.
Q. Or that Exhibit V ? A. Yus, sir. ”
Q. And you would l)e aide to send ,'iOt) words a
mute over the chemical side ! A. Yes.
Q. < a ....... derive any impression whatevet
1 thi; Herreetuess of a message that is reeled oat
tlui rate of .'SOU words a minute, when lie looks
i as it is going ? A. No, not as it is going.
T , h'« got to wait and get it bank and read
before lie can toll whether there is anything
ong with it or not? *
A. He is not. allowed to do that.
Q. lie cannot tell except by that means, can lie t
. l ie receiving operator is not allowed to ex-
nat it message and see wliethor it is correct,
int is done by another party.
.J. I'lien the receiving operator does not know
] l " . h .'.T*"80 is ,,r not, hut has to he
. iin pei. son, who examines and reports
Jt o the receiver w,,c",..r it i. right or not?'
o«s generally wlictlier it is right, he-
eLrVT" MS <:J" "" if i,ml "«* casually
H Ims appearance of coming right,
is « '«wk. or whether ft is in
ki, .1° ! , . 110 s,!es "’'ether there is a
nimr „l„„blU" or " ''etl'er tiie signals are
g. .Urng ,", intern, ptemy, and seeing the last
... h ' ‘Uy L'onl,i.' 1,0 ean tell wlfctlicr they
L , 0 "PPeuranee of being right or wroire.
'as hecastst!!l-S',nUIUlly ”hotl,or !t righ r. or
•ill that Tfi'S Uy° °.'UI' it;’ b,lt ir' w»*y not be,
eos d, n 0XI,,,,med bJ- " third person, and
thing wrong about it, and if there is he takes it
Imck to the operator, and lie makes inquiry about
it, or asks for its repetition.
Q. Which of these persons docs the work : does
the receiver find out whether it is right or not, or
does this second person that you have mimed?
A. Both, iis I have just explained. The receiver
looks at the message casually as I have before re¬
marked, as it is coming;
Q. Then you ivisli to correct ivluit you said
little while ago, that tile receiver is not permittee
A. No, I don’t wish to correct that ; I didn’t sa;
that lie did read it.
Q. Didn’t you say that lie would not he permit
ted by tile rules to rend it? A. Yes.
Q. Then lie couldn’t, possibly undertake to know
whether it was right or not, could lie ?
A. Yes, I said that lie looked at it. casually
m<l generally Ini casts his eye over it and sues a
it is coming, whether it lias tile appearance o
there being anything wrong about it. It may seen
to be all right to his eye as lie thus looks at it
though it limy not be*
Q. That is just us true, whether you have a
piadniplex or whether you have a simplex, isn’t
it t A. Precisely.
Q. And they are affected by the san a lit i
that you have mentioned t
A. Yus ; in the management of the wire they are,
because it is simply nil apparatus for copying in
both instances.
Q. Then the advantage derived from such a
theory, ns you have represented, is by having a re¬
turn word by which you call get buck the message
without interrupting f
A. Yes , that is tile advantage.
Q. You think this Exhibit V is adapted to its
working on .yonr tliuoiy? A. Yes.
Q. Having, the magnetic side to do the dialling
on and the cbomiuul side to do the business on ?
A; That, is presupposed upon, tho idea tlmt that
tiling is duplexed;
Q. It seems to be quadruple* t
A. As it stands there.
Q. Now, you have said of course that the mag¬
net 0 is on that Tor the purpose of taking enroot
2i 73 the static discharge on tile chemical receiver tor
one thing f A. t said that it would. .
Q. It is as necessary in Ex. ]’ as this tiling, isn't
il [lteterring to diagram on blackboard Ex. V.)
Q. It is a great, dual liigger than it would lie tor
the purpose of a mere receiving relay ? A. No.
Q. Tiie ordinary relay is to protect tho static
discharge along the line? A. Yes.
Q. In point of fact you have it generally bigger !
A. Wo do not. Wo Had in practice that it was
not necessary.
1)174 Q' "r,IUM that O is there, of course the speed at
which the electro magnetic receiver can operate is
tiie speed at which that. 0 can be uhurged and dis¬
charged at the end or the lino ?
A. While you are using automatic ; your propo¬
sition is correct thou.
Q. Now, when you are using automatic from
Boston and also using magnetic from Boston, then
your automatic lias got to he slowed right down to
the^slowest speed of (lie bngtnip arrangement ?
Q. That can run just as fast as if the other was
not working? A. Yes.
2475 Q- You swear to that, do you < '
A. Ido; I say that, ill practical telegraphy, so
far ns the automatic receiving instrument is con¬
cerned, it works just as fast.
Q. \ our Boston operator is sending nntomatic at
tiie into of 500 words a minute ; now, tho Morse
operator cannot talk until the chemical sunder has
reduced tiie spued of his transmission to tho speed
pf Morse, can he ?
A. I do not see why not ; I do not see it.
Tra¬
ci. Tho signals coming from Boston are reversed
signals, are they not?
A. Which signals, automatic?
Q. Yes?
A. No, sir; not in practice. •
Q. You at-o working automatic from the receiver
Y, on Ex. V, are you not? 2470
A. No, sir, receiver X.
Q. That is when you are working your Morse on
tho polarized side, then this bug-tinp arrangement
is not in use at all ?
A. Not at that moment.
Q. At any time ? A. Yes.
Q. According to your theory, X would bo a
chemical receiver for the purpose of working ? -
A. Yes.
Q. And the upper chemical receiver would not be
at work as a chemical receiver ? A. No, sir.
Q. Then that is superfluous i
A. That chemical receiver is superfluous.
Q. 'For the purpose -of your supposed use of tiie
instrument in this case? A. Yes, sir.
Q. It is no use to you upon that supposition (
A. No, sir, not in the least.
Q. Now, therefore, yon can leave out Y, it is
simply superfluous, in the view you have inti¬
mated I
A. In the way that it is used in practice.
Q. Then von have got under these circumstances
the receiver X to do your chemical work, and you
have got the sender If to do your Morse business I
A. Precisely. 24,8
Q. Then the sounder S with bugtraps.is su per¬
ilous, is it not ? _
A. .lustai the moment automatic im milling it is.
Q. For the purpose of doing wlmt you propose
to do? A. No, sir, it is not.
Q. Let us have no misunderstanding about Hus,
you say that M is to do your Morse business 1
A. At the inoiiieut.
Q. And is to do yourchemical business t
' A. At tlint moment.
Q. Von Imru said tlmt Y is a supcrlliiity and
Hint llic sounder and Imgtrnp S are also a super-
Unity ? A. At Hie moment.
Q. At any time? A. No, sir. •
0. When X is working ? A. Yes, sir.
2470 Q. In ease you happen to want to use the electro
magnetic quadruplex, that would be of use, would-
A. It is not a question of happening, it is a
question or necessity all the lime.
Q. In ease the people who had possession of it
should think that they could use the electro mag¬
netic quadruples, then both of these would
have their use !
A. In case they wanted to use entirely Morse,
certainly.
Q. Isn’t it true, in point of fact, that- the printing
,, quadruples, running in connection with the ordi-
-tsu.nary punching machine, works 00 words olT on
eacli side ? A. The ordinary punching much inn i
Q. The Hughes machine I
Q. The Phelpsjnachine i
A. I have had no experience with that at all; I
doin' that" ^ is eapable of
Q. Yon have no doubt that the quadruplex work-
mg ilmvn a t the Western Union— the mechanical
printer— prints (id words on each of its sides ?
>1 A. I have a doubt about it ; that is, I never laid
any experience with it, and I am not prepared to
say whether it will or will not.
Nmv’ ,MV0 tllis receiver Y wiped out for
| '' purpose and we have the bug-imp nrrange-
muii wiiwd mu for the purpose of sending chemi-
Q. Now, after you have left theso two thimrsout.
cal side, and one complete Morse side to do the au¬
tomatic 1 A. Yes, sir.
Q. That is what you think is the tiling it will do
liest 1
A. That, is wliat it will do best.
Q. So tlmt. these little suporlluities are rather
miiiimeidal than useful, as shown on the black- 2181
hoard 1 A. At that nininent. .
Q. At the sending end, the right way loalTcet
the chemical paper at the receiving end, and the
best, way, is to send the current direct through the
wire without the intervention of any other magnets
or relays? A. Yes, sir.
Q. At the lower right hand corner of this draw¬
ing, you have got a couple of transmitters which
Mr. Wlnfroville substituted for those in Edison’s
invention. According to your theory, the chemi¬
cal pn pur first operates the keys which operate Hie
two mechanical transmitters on that- blackboard ? 2433
A. Not according to my theory.
Q. I understood that to lie your theory ?
A. No, sir ; I operate one of them with a key and
the other with the perforated paper.
. Q. Is it not true, that on that drawing on the
blackboard, there are two apparatus for perforated
paper, one above the other, on tile right hand side
above the letter E ? You say yon would take one
of them out. ? A. Yes.
Q. Which one? A. The polarized reversal.
Q. Which is it? A. The upper one.
Q. You would wipe out Y>. and use the linger-
key instead. . -184
A. Use tile apparatus tlmt is in tin* regalat
quadruplex. , ..
Q. Then you would not want all the rest of these
other arrangements that have been referred toi
A. Substituting the Morse transmitting appar¬
atus for the automatic transmitter, precisely.
Q. You would put in a Morse key ?
A. Not a Morse key.
Q. You would have no occasion for g ami g 1
770 '
A. No, sir.
Q. Yon would wipe them out ?
A. Yus.
Q, And tlmt is Ihe way yon would ini]>roro the
bugtrnps? A. Yes.
Q. Then you would take a single Morse key as a
2-185 transmitter at tlmt er.d for the purpose of reversals
at f and f ?
A. A Morse key in combination with the appar¬
atus specially designed for that purpose.
Q. X3 and D, yon would have as they are?
A. Iff found that the best device for tlmt pur¬
pose.
Q. Tile best way is to run a current -through the
perforated paper, having no intermediates of that
kind, isn’t it?
A. I don’t know but wlmt it might be in this case ;
itcan be done either way, and all the speed you
0,s want-can be obtained either way. •
bb Q. You think the best way to do it is the way
that lias been suggested ?
A- According to my judgment- now, 1 might find
a better way ; T do not say I could not.
Q. When yon have got tlmt. you have got sub¬
stantially Ex. P.— that is. Edison's piire-quadru-
plex automatic, with a Morse kev, and Morse
sounder in the bridge? A. 1 think not.
Q. You have got a Morse key to operate the
reversal ?
A. 1 didn’t see any Morse instrument in the
drawing you showed me yesterday ; T told you
24S7 yesterday I did not know what the effect of -putting
them in there would be ; I presume, -unless it had
been necessary to make this sort or an arrange!
meat, they would not have been put in there.
Q. Who told you it was necessary -tomtit these
tilings in Ex. P to make it work ?
A. Nobody told me; my experience has told me.
Q. Your experience is that, a Morse kev could
not be used in connection with Ex. P. A. No, sir.
Q. Don’t you know whether it could or -not?
Q. Then assume, for the pnrposeof my question,
that the Morse key can be used there, and assume
that the Morse receiver can bo put there in the
bridge of the apparatus, then those two things
would give the effect which is got, or proposed to
be got in Ex. V. wouldn't you 1 2488
A. I don't know.
Q. You don't know : A. No, sir.
Q. Assume that a Morse key can lie put into the
line, and a Morse relay can be put into the bridge ;
and that signals cau be sent over both ways in that
apparatus, then you get the whole effect '!
A. Without interfering, you mean ?
Q. That is a good way to procure that result,
isn't it ?
A. That thing there is just what is needed to do
that ; its absence at present is the reason it is not
done. • i'4S9
Q. This thing. Ex. V. is not done anywhere, is
The Witness. — 1 will amend that am
associated with anybody that li
Q. Hnvn’t von some interest in the Automatic 24g0
Company, and in the rights which I hey claim under
the joint title? ,
A. Whatever interest I have is optional with
those who have a real interest. \ nmy
mav not have. My sympathies are with the su ■-
Q. liavn’t von an interest which you have made
claim to through Mr. Keilf and his associates t
A. I never made claim through Mr. Euiff oi a .
one else in mv life.
Q. ITavn’t you stated to -Mr.' Prescott, that you
have an interest in tlmt recovery Jif they got it In
the city or New York, within tho last 0 months t
, 0401 A. 1 (lid, hut in n diiroronl sense from that indi-
Q. Do 'you ssiy 'you did or did not have such a
eniiversnlinn with Mr. Prescott as I have inquired
alioiil, !
A. I don’t- 1 s. \ n.v aic.h tiling; I
presume I may have said tlmt if they got paid for
the tiling it would result in my receiving
some portion of it. It. is a presumption of mine
predicated on a belief upon my part and tin under¬
standing on llie part of my friends.
Q. You think they would do it as an act of
friendship to you! A. Ido.
2192 Q. Not as a matter or legal right? A. No, sir.
Q. Merely as a gratuity?
A. Not as a gratuity 1 consider. I think I have
done something for it; but I have never done it
under contract, and have never been delinilelv
promised anything. I have dono a good deal o‘r
work for it, and it is rather a presumption on iny
part than a promise on theirs that if there is anv-
tliing out of it I shall get some portion.
Q. That is what you meant when you said “ we ” I
Q. There is no patent that you know of in this
2493 T'adruplex or duplex of Kdison’s. Case 09, is
there t ’
A. I am not entirely familiar with what has been
one upon the subject ; I only know generally that
< e is a dispute about the issuing of the patents ;
,;£rrs,:r,,ot ,,in^“>Lieof
Q.,I think it has been said heie that one of the
emu 1 "* im,0"mHc itoe.wus that when the
Loiuliu.tn ity was so low, as is sometimes the case
7*70
from external conditions, as not to operate npon a
magnetic relay, it will yet effectually work the un-
chemical paper?
A. I did not say nnythingubout the conductivity.
Do you mean the joint conductivity ?
Q. There is this joint conductivity ? A. Yes.
Q. That is one of the advantages of the automatic, 2494
isn't it !
A. One that is of little consequence ill practice.
We thought it would be an advantage, but found in
practice that it was not.
Q. When your line gets to a point at which the
strength or the current sent over it is incapable of
doing the work, it no longer lias rail conductivity?
A. No, sir.
Q. Then it is not true, is it. that when von can
work Morse, you can work automatic?
A. Yes, it is true, in the sense in which I under¬
stood the testimony as it was given, that is, tlmt it 2495
mav not be capable of sending more than 10 words
a minute, which would make the Morse practically
of no effect, as that rate of speed is too slow. The
Western Union would not have such a wire. It
would not bo effective for that purpose, but it
would be very effective for transmitting signals—
verv effective.
Q. Therefore, among other things, it would be a
very stupid tiling to put a Morse relay on a line for
the purpose of opening and closing the current unit
operate a chemical receiver i A. A n-
Q. A chemical receiver could act with nmcli ess
•current than would bo nucessary ? A. \cs. 249b
Q. It would bo a very stupid thing to interpose a
’Morso relay. It. would be of no use in getting a
result ! . »
A. If it. was necessary to get n result on that side
it would not In- stupid ; it is the only way it could
be effected. You ask me if it was not a sta nd
thing to put that, chemical receiver around a poi. i
ized relay and get the signals there, and 1 saj
TIIE ATLANTIC AND PACIFIC TELE¬
GRAPH COMPANY,
GEORGE B. PRESCOTT, THE WESTERN
UNION TELEGRAPH COMPANY, and
LEMUEL AY. SERRELL.
PLAINTIFF'S TESTIMONY in REBUTTAL
AND EXHIBITS PUT IN' OK CROSS-EXAMINATION'
OP DEPENDANTS’ WITNESSES.
McDANIEL, IAJMMIS & SOUTHED,.
Plaintiff's Attorneys.
INDEX.
Exhibit Z, 4. — Itoport of Mr. Orton to stock¬
holders for year ending June
801 li, 1873, ]) .
Exhibit Z, fi.— Letter of Mr. Orton to Postmas¬
ter General, p .
Appkxdix B.— (The Automatic Telegraph, p..
Exhibit Z, 0.— The Western Union Telegraph
Co. vs. Thomas A. Edison and
George B. Prescott. (Bill in
Chancery, New Jersey, )p....
Exhibit Z, 7.— Daniel IT. Craig and James B.
Brown vs. George Little, and
others. (Notice to Western
Union Telegraph Co., p .
Exhibit Z, 8.— Complaint in same suit, p .
REPORT OP THE PRESIDENT.
To the Stockholders of the Western Union Tele¬
graph Company :
Tlio report begins \Vith ft statement of the opera¬
tions of flies Company dnrihg the year ending June
30, 1873. It contiiines ns follows :
STKAliNS’ 1
The pnrclmse of the patents for the United States
and Canada of this most important nnd valuable of
all the improvements which have been iniide since the
Morso telegraph was first established, was mentioned
in my last annual report. During tile past year we
have largely' increased the dumber of duplex instru¬
ments nnd apparatus, by means of which messages
enn be transmitted in opposite directions upon a
single wire at the same time.
\Ve have now in operation over 100 sets, and it is
tlio intention to have all our principal stations com¬
pletely-equipped with them us; soon as they can be
supplied from the factory. e aro now operating
more than 150,000 miles of wire, and during the past
two years have been extending at the rate of nen ly
so 000 miles of -wire per annum, lhe duplex ap¬
paratus is capable of ioubling the cainmity of these
wires at a comparatively small cost, lhe 'aim. . ot
this increase of facilities can be
nnnccotaMittoiinl wims.
duplex does i ot c n i t 1 1 fl b i „ « «
EKves siv
"jfass# «>", sr> Pbr~
loving. . Communication ^.is i'cstoiecl i|Pon f
moving. Golniml lHl,t 01 tl“t the great value ot the
wire at a tune, and it is the11 y.,1.1 itbtl moment one
duplex becomes apparent. «« »
PluIntlirH Exhibit Z, fi.
wire- is restored wo have two, and when wo have a
second we have fotir, niul so on.
During tlio extraordinary excitement of the past
three weeks oar wires between tlio principal cities
Wie,ibeeini nnU<l t0 t!,uir utlnosf capacity, and if wo
ad double ho number on some routes tboy would
0 to filciunt. I t of dun! \ 1
to omIO"S Itlnt? ‘'"l'lisitiou, and only our inability
mimW he"' llas l>re.'?nlwl the use of a larger
numbei. A minor consideration, and yet important
one, is the fact that tlio duplex can bo substituted
the ordi,iaVvS0d00S'(,0ti,1VTlvu tho duplication of)
dmiWo or simrlo* U "'0,ks well
wholly disappear1' aVli^t
1 1 1 to it flnclotiiwway wi^s.ilrB'!y '",fod"CL'11 0,1
-5* EKgS1.* wlSS'KVSy!:! to
Marked for idontilicutioii, read in evidence, May
21, 1877.
Kxkoltivu Okkiok
WUSTKIIX U.VION TkI.KOIIAIMI CoJIl'AXY,
io Ilononitilu U bw Yoiik, December 0, 1878.
The "letter begins with an extended oxamiiiation
of the condition of the telegraph business m this
country, and a discussion of the expediency of u
government telegraph. It then continues :
1
THE “ FAST SVSTKM SI.OWKIS THAN THU MOUSE.
The next notable statement In the report relates
to what is therein styled the “ Automatic or Fast
System” (Appendix B). It is certainly an unusual
instance of good fortune when tho owners of pat¬
ents, who have been for years unsuccessful in their
efforts to make a satisfactory sale, are enabled to
■secure so valuable an advertising mud...... tl...
Annual Report or a Postmaster-General. The in¬
ference to bo drawn from the statements in the re¬
port concerning this wonderful “system” is that
it is a budding novelty, just ready to burst into the g
full bloom of triumphant success. I would not
blast its promise by even the breath of an unkind
word. But a few plain and simple truths eourei n-
ing it must lie told.
First.— It is not a novelty. There lies beside me
as I write, ft pamphlet, bearing date December 1,
1800, throughout whose twenty-two P"8»
praises of what it had then achieved me glowingly
set forth.
Second. — It is not a success. FouryearsoCcon-
slant trial, during which large sums have been ex 0
pended in practical experiments, and . .u . mh n « >
ing, by new devices, to overcome constantly dove
10 opou ilolms, have failed to demonstrate its superi¬
ority over existing inodes, or even its ability to
eohipole successfully with thorn.
Automatic telegraphy, as a separate system, has
never bpcn attempted in any country, It 1ms been
in use in England lor several yen re, but only ns mi
aid to the Morse system, or ns a substitute for otli-
era greatly inferior to the Morse, and which either
were never introduced into this country or were
long since discarded. Its chief defects are: 1.
More tune is required to prepare a message for
transmission by the Automatic than tosonditby the
Morse. By the latter thu receiving operator writes
out the message as fast ns the sending operator
transmits it, so that when the sending is finished
1 for delivo”8 COI,ll)lotet1' aml tlle message ready
2. By the Automatic system the message is re-
ceived m the dots and dashes of the Morse nlplin-
et. More time is then required to translate and
" "T 18 T"l,ied in both sending and copy-
the rat. 'r 0rtl,"ar-v wa.v- No matter, then, wlint
the late of speed at which the signals are made to
, 5S„°'efl tl,e "'ire — if it takes as much time to
o tra traas,mssion- and again as much time
ro translate and copy after the message is received
; lain U°1,y l,y tlus Morse system — it is
sneet t» ".lce,as ,nacl1 time is consumed in re
cess m l l h MngS messaSB by the Automatic pro-
i css as liy the ordinary Morse.
The'au tnneo • 1,1 U <>tl,0r sravc pwmticiil ditliciiities.
Morse s i f ,l,,1WralHS> 118 co"ipared with the
out of intricate and costly. Itgets
plicatesforuslnilior1110-!008* °X l)10vit,inS du-
over lone clil,, . r f ncoKlenf* and of shipments
tilt ■ tances i°f mpaira, constitute a serious
Again, it is evident that in the separate processes
of perforating; transmitting, translating and copy-
ing, by the automatic system, more operatives are
required than in the regular Morse. The testimony
of those connected witli the Government telegraph
in England is that it lakes live times as many op¬
erators to successfully work the former process as
the latter. The cost of operating is the chief ex¬
pense of carrying on the telegraph business. It
would be much cheaper to provide additional wires,
and to apply the duplex to them than to double thu
cost of operating ; hut if it be necessary to mul¬
tiply this cost by live, that fact alone constitutes
a fatal objection
The Duplex Apparatus, the patents for which
are owned by tlic Western Union Company, is cap¬
able of rendering much more valuable service than
the Automatic, even if the graver defects of the
hitter are successfully overcome. The Duplex
works equally well single or double, thus obviat¬
ing tlie necessity for duplicating instruments, it
doubles the rapacity of a wire by enabling mes¬
sages to be transmitted over it in opposite directions
at the .same time, without any perceptible diminu¬
tion of speed. It does more than save Hie cost ol
providing and keeping in repau additional vnes
It gives the currying capacity or two '' ires " m >
by accidental interruptions, there is but one
working order, and v 1 1 f
previously invested in wires would have prowdetl
another.
Concerning the Autographic systems
nnd others, it is sufficient to say that tliej a
merely electrical tos , which excite interest bl
their results without serving any useful 1**1
Their operations are too slow, the apparatus
expensive, and tile occasions for its use too limited
to give them any value as parts of irpnietical sys-
KXToitTiojr!
It is doubtless true, as stated in the report, that
in tiie near future the entire niotliods nnd machin¬
ery of telegraphic communication will be cheapen¬
ed ; but, being true, why it should follow “that
■ the Government will lie compelled to assume their
control in order to protect the people from extor-
Hon," does not clearly appear. “ Extortion ” is a
word of severe import, and shoultl not be lightly
used. As hero applied, without evidence to justify
it, it will, when calmly considered by a discrimin¬
ating public, recoil with more damaging effect upon
the high official who hurls it than upon 'tile private
citizens at whom it is aimed.
Tiie next statement in the report which seems to
deserve notice is the following :
“ There are now but two -parties in the contro-
veisy over the postal telegraph — on one side the
people, on the other the Western Union Telegraph
Company.”
This is followed by a lengthy extract from the
last, annual report of the President of that com¬
pany, after which the Postmaster-General proceeds
with tiie following “elegant extract : ”
“The ’Western Union Company has always con¬
tended for high rates, and enforced them with a
strong hand. Whoa now associations have been
formed J or the purpose of reducing rales, the
\\ estern Union has at once entered the lists to des-
tioj its rivals, and, in pursuit of victory, lias not
su mued to use any device which the powerful can
employ against the weak. J<'aiUn>, to vanquish its
i f, 71, '/ ???" ,leM "/fair competition, it
Ut!t7weaXr° ' an(lMwmP,lea bt> makin,J
The Postmnster-Goneral concludes this indict¬
ment of the Western Union Company for high
crimes and misdemeanors by saying of the Western
Union report that it evinces
“A settled purpose to reduce rates only tlint it
might exterminate competing companies already
organized, or which it feared would lie organized.”
It was stated early in the report that tiie oppo¬
sition to tho postal telegraph came from the tele¬
graph companies (in the plural) and those directly
interested with them in sustaining their monopoly.
Farther reflection appears to have induced the
Postmaster-General to modify this opinion to sus¬
pend scntenco upon all parties except tho Western
Union _ and to concentrate upon that company and
its officers tho entire weight of his condemnation.
Reply has already been made to the claim that
any considerable number of our people desire the
postal telegraph.
Tho expenses of the Post-office Department
are. in excess of its receipts by six million dol¬
lars a year, not including interest on the millions
which have been nnd are now being expended m
tiie erection of buildings for the convenience ot 1
operations. Tho telegraph may not alwaj-s p -
form the business conlided to it satisfacton j,
indications are not wanting in the report t u t
the same is true of the Posr-o lice. The J*
: mer has been little if at all behind the lat
ia conforming to the public requirements,
is a notable fact that the principal com tot
, of tho inefficiency of tiie telegraph loci
high official of the Government, who 11,11101 t.
purpose to bring its business, influents., , ai 1 J
rouage under the central of his depur me £ « “ \
efforts to that end he lias encountered 01l
the right of the Government to take the pi 1 .
the payment of ils value, to be determined in tho
manner provided by law. Ho is mistaken, how-
over, in assuming that the only opposition comes
from the Western Union Company. What they
oppose is not his right to control, although doubt¬
ing its expediency, but they linvo protested and
will continue to protest earnestly against misrepre¬
sentations, front whatever source, ns to the value of
their property, and unjust aspersions of the char¬
acter of their managers. The charge that, “they
have always contended for high rules and enforced
them with a strong hand ” can be properly met.
with but one answer: It is not true. Telegraph
rates in the United States are now but half what
they were six years ago, and the majority of the
reductions made by the Western Union Company
linve been made voluntarily, without compulsion,
»nd for reasons and purposes alike lawful and hon-
irnble. In itlie rivalry with new associations they
have made efforts to retain former customers and to
secure new ones by endeavoring to do thu business
more promptly and satisfactorily than their com¬
petitors. In no case have they been the lirst. to re-
luce rates upon competing routes. In fact, the
report of the Postmaster-General admits this when
vpealting of associations "formed for the purpose
f reducing rales." Does he expect the Western
Union to maintain higher rates than its “rivals.’1
in order that, the former and not tho latter may be
“ destroy ed 1" We have repeatedly remonstrated
against what we believed to be unreasonable reduc¬
tions, but when compelled to reduce, by tho action
of out competitors, we have not always permitted
them to dictate the rates. If our rivals have been
vanquished, it was either because they did not pos¬
sess the facilities requisite for doing sufficient busi¬
ness to enable them to pay its expenses, or because
the rates they insisted upon establishing' proved
to lie nnremunemtive, or because they failed to
conduct their business to the satisfaction of the
The charge that the Western Union Company
“have not scrupled to use any device which the
powerful can employ against the weak, and failing
in the opon Held of fair competition,' have resorted
to urtillee, uml have triumphed by making gold
their weapon,” is absolutely groundless, and if ut¬
tered by one less distinguished than the Postmas¬
ter-General, would deserve to be characterised as a
pompous slander. It published by one private in¬
dividual in respect to another, it would make its
author liable to an action for damages.
It is true that we are ready to purohuso.telegrnpli
lines required to meet the demands of a constantly
increasing business whenever we can do so on terms
that are deemed satisfactory, llut there are always
two parties to such transactions— the buyer and the
seller— and neither can accomplish his purpose with¬
out the assent of the other. It has rarely happened
in the purchase of telegraph lines that we could not
have acquired them on better terms by waiting
longer. But if the owners of private property de¬
sire to sell it, and parties can lie found able and wil¬
ling to buy, what has the Postmaster-General to do
with the transaction, whether the buyer or the sell¬
er makes the better bargain I Who has addressed
to him n complaint that tho Western Union Com¬
pany 1ms obtained control of any property by dis¬
honorable means ?
The letter concludes with a fit. tiler di t us ion ol
the expediency of a government telegraph-
I have the honor to be. sir,
Very respectfully,
Your obedient servant,
WILLIAM OliTON.
THIS AUTOMATIC TELEGRAPH.
After the letter to .the Postmastcr-Genornl was
put in type, I received information that a series of
experiments in transmitting the President’s Mes¬
sage had been made by the Automatic process, and
that on one occasion these experiments hml been
conducted in the presence of the Postmaster-Gene¬
ral and other eminent persons. It was represented
that in the earlier experiments the time required lo
transmit the message between Washington and
New York was thirty-four minutes, but that sub¬
sequently tiie transmission was accomplished in
twenty-two minutes.
I will assume not only that tiiese statements are
correct, but will go further and admit, for the pur¬
pose of this illustration, that the transmission can
be successfully made in telegraphic characters,
plainly legible, in twenty minutes.
Tiie President’s Message, the Spanish Protocol,
and a digest of tiie Treasury Report, aggregating
11,040 words, were transmitted by the Western
Union Company from .Washington to New York,
on eight wires, and six copies taken, in an average
of sixty minutes. But for a misunderstanding
which resulted in a brief interruption of one of the
wires, tiie transmission would have been completed
in a few minutes less time. To work these eight
wires required eight; sending operators at Wnshing-
ton aiuleight receiving operators at New York.
J' " “stern Union or Morse process the acts id
' 8 nd receiving are simultaneous ; and when
all the matter hud be, a suit it was all received.
' 1 11 (mt i,M(l randy for delivery. Biit the Auto-
processes i*5"1 inV°lm tl"w dlsrlii«:t
First. — The message must be translated into tele¬
graphic language, by perforations in strips of paper,
which correspond to the dots ami dashes of the
Morse alphabet.
Second. — The perforated paper must be wound
upon a reel and then made to pass rapidly under a 31
steel comb, the teeth of which dropping through
the perforations establish electrical connection with
the receiving instrument at. the other end of tiie cir¬
cuit, where the electric current, acting upon chemi¬
cally prepared paper, reproduces the dots and
duslics.
mini.— Thu 1
graphic charactei
e, which is then in tele-
it be translated and copied.
The first requisite of the telegraph is speed, and
110 new process is entitled to consideration that will •
not perform ordinary telegraph work within the -1-
same time that it can be done by the process now
in use. It will not do to say that the Western
Union Company could do its work with a less num¬
ber of wires if it had the Automatic, or that the
Automatic can do the same work m longer tune
with fewer wires. The Wester Union has the . res
requisite to do all the work demanded, and lit
Automatic can not hope to compete succession}
without doing its work with equal promptness
TI10 real question, then, in this case
does the Automatic process im oh e in u 33
enable it to deliver the President s Messag
. pletu in New York within sixty minutes 0
receipt at Washington 1
I have assumed that its transmission lould be ac¬
complished in tv n.y 111 unit II *' 1 f0
tion at one end and the translation and “o i tuf,
the other must both be accomplished 1. fo
minutes, and it will not be unfair to
I I tl si 1 1 forty
e unfair to divide the
time equally, and give twenty minutes to eneh.
Now, one Morse operator will send in an liour as
many words as one operative can perforate in tin;
same time. I am confident the former can do
twenty-live per cent, more than the latter. It it
took eight operators one liour to solid the message,
31 allowing the sumo time to perforate it, it would
require three times eight, equal to twenty-four,
operators to perforate it in one-third of an hour.
Assuming that the transmission is accomplished
without accident in twenty minutes, and that it is
plainly legible, wo have now consumed forty
minutes, and the message is still a confused mass
of paper tape, on which are telegraphic characters,
and there remain twenty minutes in which to trans¬
late and copy. It can bo readily demonstrated
that an operator will not translate and copy from
the paper tape more than half us fast ns when rc-
!5 ceiving by sound. Assuming this to be true— and
the only doubt I have is whether the copying
capacity is not over estimated— it would take twice
as many translators and copyisls to perform the
-work in twenty minutes as it did perforators —
that is, forty-eight. So then, it would require
twenty-four perforators, forty-eight copyists, nml
at least three more to attend the transmitting and
receiving instruments and the perforators, making
a force of seventy-live to accomplish in an hour the
work performed with sixteen operators on eight
wires by the Western Union in the same time. I
have before staled that it is the experience of those
III connected with the British Telegraph lines that live
times as many operators are required to work the
automatic process effectively as the Morse. Five
times sixteen are eighty, or live more than my esti¬
mate m this instance, which is probably too low bv
at least, live.
Whatever else the At 1 1 may 1 > able to do
satisfactorily, it is very certain that it cannot
tcrinl whether it is more economical than other
processes or not. The press of this country insist
upon having the very lalest news possible to lie ob¬
tained lip to the lime of going to press, and they
are willing to pay what it. will cost to procure it by
tlmt process Mint will give it to Ilium. But tho
automatic is not the most economical. It would
he decidedly cheaper for (lie Western Union to
provide and niiiiiitaiii seven additional wires be¬
tween Washington nml Now York tlinn to maintain
such a force ill both places as would render it pos¬
sible to transmit and deliver by the automatic
process 12,000 words within an hour from the time
of tiling, without interfering materially with other
business passing between the same places at the
same time. It Inis .sometimes been said that less
skilled, nml therefore less expensive labor, could
be employed in tho nntoiimlic process than is re¬
quired under the Morse system. But this is en¬
tirely fallacious. The skill mid experience required
to perforate nml to translate and copy promptly
and accurately will lie certain to command as high
wages ns are paid for other telegraphic work.
Of every dollar received by the Western Union
Company wenro obliged to disburse about 70 cents
to pay for tho cost of getting it. About -10 cents o
the 70 are paid for labor. To double the cost o
thu labor nlonu would change the proportion ol
expenses to receipts from 70 and 100, as at present,
to 110 nml 100. It is not necessary .to pursue tin
computation further, but it will he easy to s ion
what the result would be if the cost of.laboi was
multiplied by live.
Announcement was recently made in the Bnglisli
pnporsof what was there considered an ex 1,10
nary telegraphic feat in the transmission to n
press of tin address by John Bright to tins
tueiits at Birmingham. Extensive prepare 1
vanco of its delivery. A special stair was sent out
from the London oilice to reinforce tlic regular sialf
at Birmingham, and the ordinary equipment was
augmented by 12 Wheatstone’s Automatic Trans¬
mitters and !i0 perforating machines, 0 of which
wore of extra power, capable of producing !J pcr-
10 forntcd copies at one operation. This gave an
equivalent of 48 ordinary perforators. It appears
that witli this immense array of machines, operated
by GO clerks, the British telegraph was able to
transmit the speech of Mr. Bright direct to 21
cities, and indirectly an abridged report to (t oilier
places. Tiie address was made in the evening, and
all that, was required of the telegraph was to trans¬
mit and deliver it in time for publication in the
morning papers. This would give an average ol
live to six hours. I have no information as to the
number of clerks required to translate and copy at
jq the stations where it was delivered, but, judging
by the number required to transmit, the copying
force must have been very large.
The Western Union Company received the Presi¬
dent’s message at. the Washington oilice, December
2, at 1 o’clock i*. m. As before stated, it was sent
to Hew York on eight wires, and copies were drop¬
ped at Baltimore and Philadelphia. At New York
six copies were taken, four for delivery' to the press
and two for .use m re-transmission. Prom Now
York it was sent to Boston and dropped at all the
intermediate cities which take regular press reports,
yo and also West, to Btilfalo and Chicago, with drops
at intermediate stations. Prom Philadelphia it was
sent to Pittsburgh and West and South, with inter¬
mediate drops. Prom Chicago it was re- transmit
ted to San Pmneisco and other Western points. At
the same time that it was being sent from Wash¬
ington to New York, Washington was sending it
boutli and Southwest, so that within three hours ol
its reception at the Washington station it had been
• transmitted to sixty other stations, ami delivered
to more than 100 newspapers scattered over an area
of 2,000 miles in extent in one direction mid 4,000
miles in another. No such telegraphic performance
is possiblo by any system in any other country. .
I do not wish to ho understood ns desiring to
niuku disparaging comparisons, nor ns questioning 43
the olllciency of the British telegraphs. They aro
most ably and ellicicntly managed. Money, energy,
- and diligence have been bestowed upon them with¬
out stint. They possess certain decided advantages
over the American telegraphs. Their operations
are conducted within a limited area and among a
dense population. Material of all kinds costs a
third less there than here, and labor less than half as
much. It would not be surprising, therefore, if
under these favorable conditions their performance
excelled ours. Sueh, however, is not the fact, ilio
American telogmps perform more work in the same 44
time, and with less labor than those of any other
count rv. The results of the following comparison
between New York and lamdon fairly represent
the difference between nil the oilier principal cities
or the two countries.
At the Central Telegraph Station in London the
working force consists of 1,243 persons, me u tng
the ... imager and his assistants, but exclude of
messengers. Counting "d
the' SotW passing daily through that
still ion is nbont 35,000-being an average of about 4o
28 messages for eacli employe.
The working force of the Western Uni™
pany's central oilice in New \oik is ".'A.xolad-
inel tiding the malinger and assistants’. ^
ing messengers. The number M ^ ®
daily, counted us above, is about - ,
ttveraco of 107 per day for each employe.
Tho annual compensation paid to male employes
of tho London office averages §380 each, and to the
female employes §108 each. The average compen-
' sationpaid to the male employes of the Western
Union Company at their central oflieo in Now York
is §013 per annum, and of tho females §512 per nn-
In view of tile facts herein stated, it is not prob¬
able that the automatic system will ever become a
formidable rival of that employed with such satis¬
factory results by tho telegraph 'companies in the
United States.
W. O.
To Ilis Honor Tiikodouk Kusyox, Chancellor of
the Slain of Neio Jersey :
Ilumbly complaining, showeth unto your Honor,
your orator, the Western Union Telegraph Com- 49
puny, a corporation and citizen of the State of New
York :
That your omtpr, the Western Union Telegraph
Company, is a corporation organized and doing
business under tho laws of the State of New York,
for tho purposo of operating telegraph lines in that
and other States of the United Slates, and having
its principal office in the city of New York. That
on or previous to the month of .Inntmry, 1871,
Thomas A. Ellison, who, as your orator is informed
and believes to be true, was then and ever since has
been, nnilis now 11 resident of the city of Newark, 00
in tile State of Now Jersey, entered into an arrange¬
ment and agreement with the complainant through
William Orton, its president, that said Ellison
should endeavor to invent improvements in Stearn’s
duplex system of telegraphy, and to invent other
duplex apparatus and other processes in connection
with telegraphy, by which more than one message
could bo sent on one wire at the same time, and
should use therefor the lines of your orator, and its
men and employees, workshops, and materials,
and that whatever inventions should so lie made by
tho said Edison, and all patents that might be se- 51
cured therefor, should be assigned and conveyed to
your orator, who should pay such price therefor ns
was reasonable and just ; the amount of compensa¬
tion to be ascertained either by agreement between
the parties or by arbitration.
And your orator further shows, that in l,lll”'|"
anco of this arrangement and agreement, saa ' ‘ ■
son was given the use of tho electrician of the
puny, mul snoli other of its employees ns lie de¬
sired, the use of its wires, workshops, nnd limtcri-
nls, nnd his experiments were continued for the
space of several months in endeavoring to invent
some improvement upon t.lie Stenrn’s process, or
some now process by which more than one message
5.2 could bo sent over one wire at the same time.
And your orator further shows, that on or about
the 10th day of August, 187-1, the said Edison as¬
sociated with himself George B. Prescott, who was
then the electrician of the complainant, and articles
of agreement were made and entered into between
said Edison and Prescott of that date, which recited
that said Edison had invented certain improve¬
ments in Duplex telegraph, for which ho had then
executed, or was about to execute, applications for
letters patent of the United States, nnd that the
numbers of such applications were 04, 95, 90, 97,
53 98, 99, and 100, bearing date August 10th, 1S74, and
turthcr reciting that said Prescott ivas entitled to
an equal interest in the same ; and said agreement
further witnessed that in consideration of the prem¬
ises, and of one dollar, the receipt whereof was
thereby acknowledged by said Edison, lie, the said
Edison, had sold and assigned, and did thereby set
over and convey unto the said Prescott, one undi¬
vided half part of the right, title, and interest of
every character in. to. under, anil connected with
each and all of the said inventions nnd letters pat¬
ent for the same when the same should be granted,
54 and requested the Commissioner of Patents to issue
the said letters patent to said Edison nnd Prescott,
as assignees of said Edison, for the use of said par¬
ties and their legal representatives. Said agree¬
ment further recited that whereas the said Edison
had also invented other improvements in duplex
telegraph, the descriptions of which had been
lodged with George M. Phelps for the purpose of
models being constructed, it was agreed that such
inventions should be included in the said agreement
botween said Edison and Prescott, and that when the
applications for patents therefor should ho made that
tlio said patents should beginuled in nocnrdnncewith
the said agreement made with reference to the num¬
bers which were given in said agreement, mid that
said Edison should sign the required papers there¬
for; and said agreement further witnessed that the no
said transfer to the said Prescott was made on the
following terms and conditions, which were thereby
made part or the consideration aforesaid, to wit :
1st. That both of tin- parties should liavoan equal
undivided interest in all the letters patent of the
■ United States, or of any foreign countries which
might be granted for all or any or the said inven¬
tions, or of any future improvements thereon, made
' by either party, and of all extensions or re issues of
such letters patent.
2d. That whereas Edison lead therefore expended 33
eleven hundred and twenty-live dollars foi models
and patent, fees, the said Prescott agreed to pay
solely and without contribution from Edison all fn-
tnre expense and cost of specifications, drawings,
models, patent oillce fees, and patent solicitors anil
agents’ fees, and all oilier charges menleiit to
procuring of letters patent for any of said mica
3d. That neither of said parlies should sell, as¬
sign, or' otherwise dispose of, the whole or any o
his interest in said inventions or letters patent 57
therefor, or any of them, without the written eon-
' sent thereto first obtained of the other party.
’ ■ 4th. That neither of said parties would himself
; manufacture, use, or sell, or grant licenses, o >0
; right in any way to any other party to “in
.. . ture, use, or sell any of the said inventions, 01 >>
- . improvements thereof, or any machine cm an o>
or article containing any of said invention
provoments, or protected by nny ot tlio snid letters
patent, without the written consent lirst obtained
of the other party.
5th. That no sale of any of the said inventions,
and no license or right to make or use the same in
58 any way, should bo made or given except at a price
to which both parties should agree in writing ; and
all net profits should be equally divided between
the snid parties.
(ith. And your orator further shows that said
agreement bet ween the said Edison and Prescott was
received for record in the United States patent office, .
on the 20th day of August, 1874, and recorded in
Liber It, 18 page 02, of Transfers of Patents, as in and
by the said agreement remaining of record as afore¬
said, more fully and at large appears, and to which
or a duly certified copy thereof, your orator, for
59 greater certainty, begs leave to refer.
And your orator further shows that, after the ex¬
ecution of said agreement between said Edison and
Prescott said parties continued to make experi¬
ments over tlie lines of your orator under the same
arrangement as to them jointlyns had been thereto-
fore made with said Edison individually ; and nil
facilities and assistance required by tlie snid par¬
ties to make the said experiments was niforded to
them by your orator.
And your orator further shows that these experi-
00 inents continued until on or about the 10th day of
December, 1874, when your orator was informed by
tlie said Edison and Prescott that the experiments
were in such shape as to give a promise of develop¬
ing important results, and that tlie snid parties hail
discovered valuablo improvements in connection
with the duplex and quudruplex system of tele-
grapliy, and that said parties expected soon to be
able to demonstrate the practicability of their inven¬
tions. That, at the last mentioned date, the said
Edison desired to secure in advance a portion of
the money which would be due to him or to said
Prescott and Edison as the price orcompcnsntiou for
such inventions asaforesaid, and such letters patunt
of the United States as either or both might obtain
for such inventions, as it was thereupon agreed by '*1
said Edison with your orator that the said Prescott
and Edison would assign nil their right, title and
interest in and to all the inventions they had so
made and might make in telegraphy relating to
duplex and quudruplex telegraphy, and all letters
patent of the United Slates which they might obtain
therefore to vour orator upon receiving such
compensation ns should thereafter be satisfactorily
adjusted between your orator and the said Edison
and Prescott, and that thereupon the making ot the
said agreement, and in consideration of the agree¬
ment theretofore entered into between your orator ^
anil the said Edison and Prescott, and in execution
thereof vour orator paid to tin: said Edison tlie sum
of live ‘thousand dollars in part payment of the
price so agreed to he paid to tin. said Edison anil
tile snid Prescott, nml thereupon a paper was exe¬
cuted by said Edison under his hand anil -seal, ami
subscribed by him. bearing date the Kith day oi ue-
cemlier, 1874, a copy of which is hereto annexed as
Exhibit A.
And vour orator further shows that at die same
time the said Prescott being desirous of obtaining a
portion of the price or compensation to wind lie 03
would bo entitled under the nrrangement and agree¬
ment entered into between your orator am
-Edison and Prescott, requested the pay men
by your orator of the sum of $5,000 ... l*r P;0;
mentof such sum ns it might, thereafter be >»•«
taiued lie was entitled to umloi the nrmi b
and agreements aforesaid, and that suu , * r
was assented to and the said sum was
paid to him by your orator, anil he subscribed and
M
-W. til
executed tmdor his hand mid seal n paper bearing
date the 10th day of January, 187(5, a copy of which
is hereto annexed and marked Exhibit 11.
And your orator further shows that on or about
tholOth day of December, 1874, negotiations coni¬
cs menced between your orator and the said Edison
and Prescott for the purpose of ascertaining the
amount and terms of payment as provided for in
Exhibits A and 13, by a proposition in writing,
signed by said Edison and Prescott, a copy of
which is hereto annexed marked Exhibit C, and
said negotiations were continued until about the
80th of December, 1874, when a formal proposition
in writing was made by the said Edison and Pres¬
cott to your orator, to lix the amount to be received
by them for the transfer of all United States pat¬
ents of said Edison and Prescott, and inventions of
said Edison or Prescott heretofore mentioned at the
G5 sum of §25,000 in cash, and a royalty of §288 per year
for each circuit created. That' at the time tills offer
was made to the president of your orator said presi¬
dent submitted the same to the executive committee
of the Board of Directors, and they appointed the
president in connection with George 11. Mu in ford
and Nowin Green, vice-president of said compnny,
a committee with full power to act with reference to
said matters on behalf of your orator. That at the
same time the president of your orator was about
to depart from the State of New York upon busi¬
ness which would keep him absentsometime, which
GO ited to the said Edison and Prescott, by
him. and further that on his return he would take
up and consider the offer aforesaid immediately’ and
reply to the same, and lie Toques tod that the offer
might, be left as mndo to await his return, to which
said Edison and Prescott then and there assented.
I hat the said president returned on or about the
II th day of January, 1875, and thereafter upon a
consultation with said Mmufordaud said Green,
and other members of the executive committee of
said company, it was agreed t hat. I hey would accept
on behalf of the company the said proposition of
the said Edison and Prescott, which had not at that
time been in any way revoked or modified by them,
or either of them. That on the tilth day of Janu¬
ary, 1875, your oratoraccepted the offer, which the
; said Edison and Prescott had so made as aforesaid, «7
and embodied said acceptance in a letter by its
president, a copy of which letter was delivered to
said Edison and said Prescott on or about the date
thereof, a copy of which is hereto annexed as Ex¬
hibit D.
And your orator further shows, upon informa¬
tion nnd belief, that on the delivery of said letter
to said Edison he declared to the person
who handed him the same that lie repudiated
all obligation to convey his said inventions, patents,
or any patents or interest therein to the said West-
em Union Telegraph Company, and all propositions
and agreements theretofore made with that com¬
pany relating thereto ; and that lie should at all
times refuse to perform any of said agreements.
The said Prescott, upon receiving said letter, un¬
dressed and delivered to your orator a letter of un¬
ification, a copy or which is hereto annexed, and
marked Exhibit E; and that said Prescott is. as
your orator is informed and believes, now re.it J
nnd willing to execute his portion of said ctinti.it. ,
and to unite with the snitl Edison, as required >y
their agreements above mentioned, to comey
die Western Union Telegraph Company, .' 0111 G!)
. orator, their entire interest in all the inventions m
Tetters patent of the United States, which may
; issued thereon, ns above described.
Anti your orator further shows that >’«>•''
at till times since the said acceptance of •« *
Offer of the said Edison and Prescott l"!1'"1"""8
and fixing, in the maimer printed m “°'L
ment, the amount of consideration payable }.
' orator to this said Edison nnd Prescott the t »
1ms been, anil now is, lonely nml willing, nncl here-
by offer to pay to the said Edison and Prescott the
cash portion thereof remaining duo as aforesaid,
and to execute all reasonable and proper instru¬
ments securing the payment of the said royalty oi
$211!) per annum for each circuit created, nml to
fully do and perform all the conditions, terms and
obligations of the said agreement, and all oilier
acts and things on its part to be performed, done
and kept ; but that the said Edison, ns your orator
is informed and believes, claims and charges that
the said agreement of sale is void and of no effect,
and has prevented your orator fr I g v
tender to him either of money or documents, and
lias for that purpose absented himself from his
dwelling-house in the said city of Newark, and
lias kept himself concealed from Ihengents or your
nmtor, and departed out of the State of New Jer¬
sey ; and that your orator, after making due and
reasonable efforts to find the said Edison for the
purpose of tendering to him the remainder of said
consideration in money, and a suitable agreement
lor the payment of the said l-oyaltv, and of again
offering to perform the said agreement on its part,
md upon failing so to do by reason of the said
concealment and absonse of the said Edison, did,
in tlie 281 h January, 187ii, at the city or New York,
Icumml of the said Prescott si convey euro to your
’mtor of the matters so agi-ecd to be sold to your
iratoi by tlie said Edison and Prescott, and did
then and there tender to the said Prescott the said
money, and offered to execute a proper agreement
for securing the payment of the said royalty, and
thereupon said Proscott declared his willingness to
comply with the said demand, nml execute an as¬
signment. and to accept the said money and agree¬
ment for royalty, and to execute n proper assign¬
ment to your orator of the interest in tlie said in-
I’ontions and letters patent so agreed to lie sold
is aforesaid, hut, that he was. unable so to do by
ease" of tin- repudiation of said Edison of said
agreement, and the refusal of tlio said Edison to
perform, on bis part, said agreement, and to join
with him, said Prescott, in performing tlie same.
And your orator further shows, that your orator
entered into the nrraiigenients and agreements here¬
inbefore sot forth, for the purpose of obtaining
the exclusive use of nil inventions which might be
made by said Edison and Prescott, or cither of
them, relating to duplex orqmiilriiplex telegraphy,
. and was induced to give the time of its employees
and the use of its works, workshops and materials,
and lilies, to said Edison mid Prescott, mid to
make the payments to them as aforesaid solely- be¬
cause of the agreement on tlie part of said Edison
and Prescott, to give to. the company the exclusive
benefit and uso of such inventions as might be
made in the experiments above mentioned. That
your orator would not have entered into the said
urmngomuut or agreement, or made tlie expundi- 74
tares, or advanced the money ns aforesaid, bad
it not relied upon Hie good faith of tlie said Ed¬
ison and Prescott to faithfully carry out mid
perform the agreement made by them as aforesaid.
And your orator further shows, that 'unless your
orator secures tlie exclusive control of tlie said in¬
ventions mid sueh patents of the. United States as
may be obtained therefor, your orator will be de¬
prived of large gains am! profits mul advantages —
the exact amount of which it is impossible to es¬
timate or ascertain ; and of the conveyance of these
patent interests mid inventions, me made to other 75
parties, your orator will he subjected to litigation
for infringements of patents, and for actions for
damages on buliulf of those to whom any such con¬
veyances or transfers may lie made by said Edison
and Prescott, and that there is nothing now known
which will bike tlie place of, or supply the inven¬
tions embodied in tlie applications made by the
Patent Ollice by tlie said Edison and. Prescott as
aforesaid.
Awl your orator further shows, tlint tho said
Prescott is willing to make the transfer according
to tho agreement of said Edison and Prescott, with
your orator in pursuance of his ngrocinent, but the
same requires tho joining therein of the said Edison
under the terms of the agreement between tho said
76 Edison and Prescott hereinbefore recited, in order
to make the same valid and olTcctual ; and your
orator is informed and believes, that tho refusal of
the said Edison to join in such conveyance, and to
make the transfer to your orator, ns agreed by him.
. arises solely from the fact that he is now in nego¬
tiations with other parties from whom he expects
to obtain an arrangement which will be of greater
pecuniary advantage to himself than that hereto¬
fore made with your orator.
And your orator further shows, that said Edisou
77 threatens to convey his interest in the inventions
and patents, to ho obtained by him, to other par¬
ties than your orator, and that, as your orator is
informed and believes, to bo true, tho said Edison
is insolvent and of no pecuniary responsibility.
And your orator hoped that said Edison awl
Prescott would have performed the said agreement
on their part, respectively, as in justice and equity
they ought to have done respectively.
But now so it is, may it please your Honor, tho
said Thomas A. Edison and George B. Prescott,
78 who are the defendants to this bill, combining
and confederating with others at present unknown
to your orators, butwhoso names, when discovered,
it prays may he inserted herein with proper and
apt words, to charge them herein, absolutely refuse
to perform said contract, and sometimes give out
ami pretend that said agreement was never made ;
at other times that your orator had failed to per¬
form its part of the contract, and that they, the
said Edison and Prescot t were, and each of them
was, always ready and had offered to perform their
part of said agreement, but your orator expressly
charges the contrary thereof to lie true, all of
which actings, doings, refusals, and pretences are
contrary to equity and good conscience, uml tend
-to the manifest wrong and injury of your orator
in the premises. In consideration whereof, and f®
for ns much as your orator can have adequate re¬
lief in the premises only in a Court of equity,
whero matters of this nature are properly cogniz¬
able and relievnble, to the end, therefore, that, said
.:Tlionms A. Edison and George B. Prescott, and
' their, and each of their confederates, when dis-
' covered, may, upon their several and respective
M onths, true, full, perfect, and distinct answers make
: to all and singular the premises; and that the de-
fendants, their agents, attorneys, solicitors, ser-
, rants and workmen, and each and every of them,
may be perpetually restrained and enjoined from gp
conveying to any other party than your orator any
of the inventions for which the defendant Edison
made application for letters patent of the United
' States, liv applications bearing dale August itltli,
: 187-1, and numbers IM, Of., 1)0, 07, 1)8, »0, and KID,
. or any and all letters patent of the United States,
which linvc been or may be issued for the same
inventions, or any of them, or any and all the im¬
provements in duplex telegraph, the descriptions
• of which were, by the said defendants, or either of
■ them, lodged with George \V. Phelps, for the pur¬
pose of the construction of models, on or before
. the 10th day of August, 187-t, or any and ail let- f>!
ters patent of tho United States, which have been
■ or. may be issued for tho same, or any of them, or
any and" all inventions and improvements ill
, duplex and qiindruplox telegraph made or
$ to be made by said defendants, or either of them,
; nnd in which tho said defendants are, oi at any
|s ‘.time may be jointly interested by virtue of their
f said agreement between them, bearing date Aug.
5* 10, 1874, and received for record in United States
Patent Ofl! eo on Mio 20th ilay of August, 1874 and
recorded in Lib., K J8, ]>nge 02 of tmnsfura of
patents, or any and ail letters patent of the United
States which have been, or may bo issued for tlm
same, or any of them, or the right to use nil or any
of said inventions or letters patent, or the system
6- secured by tiio same.
And that the defendants may be enjoined and
restrained in like manner until the final decree of
this i suit, and that said Edison and Prescott nmv
be decreed to join in the execution of nil instrn- .
nient or instruments effectually conveying and as¬
signing to your orator nil the inventions for which
the defendant Edison made application for letters
of patent of the United States by applications,
n(';ao^nc ^A"f St 10’ J87-'' ,,UII,bered 04,05 '
00, 07 08 00 and 100, and ail lei ten patent of the
88 Statei!> 'vl'i«l‘ Imve been, or may be issued
to the same inventions, or any of them, and also
nil the improvements in duplex telegraphs, the
or ebl! ,10IrSH f **"* b-v t,'° defendants,
oi uthei of them lodged with George W. Phelps
for the purpose of the construction of .models, on
before the 10th day of August, 1874, ornnvnnd
I . . ,ett°1S Pa,1'!'U. "f tl,B Uni,cd States which * have
•lml it™ !"ii‘- * for 1 1*0 same or any of them,
•lml t'1 ,!lv'!",1","s nnd improvements in duplex
s .id d r i1’ ,e,t'8niP1,y "Hide, or to be made, by
£s h f;n,S;"’rt‘itl,er °f nnd in wide,
the said defendants are, or at anv time i,«
84 Siir ^'r' b,V Virtu" of tl,ei' «aid ngreeiuent
c.-iv..,i r tl,L*m 'wniing date Aug. 10, 1874, and re-
, 'on1, ,','UC0''11 United Stales Patent Oflice on
K is r ! 18H and recorded in Lib,
of rii'i* l nil letters patent
of United Slates udiieh have been, or may be
rur hesam., or any of them your on, tor
men .1 , '“"m'!10" Ui° tlulivory of said assign,
five ti„ J !T1.,bal',nco °r tl,u ““d sun. of twenty-
thousand doll.u-s and covenantingand agreeing
to pay the annunl royalty of §20:1 for cncli Circuit
created, nnd that your orator may have such other
and further relief in tho premises as may lie agree¬
able to equity and good conscience— May it please
your Honor, tlic premises considered, to grant unto
your orator, not only the states writ of injunction
issuing out of, nnd under the seal of this Court, to
lie directed to the said defendants therein enjoining
and restraining them, and each of them, as afore¬
said, but also a writ of subpoma, issuing out of,
and under tile seal of Ibis Court, directed to the
defendants, Thomas A. Edison and George U. Pres¬
cott, coinnuiudiug them on a certain day and undei
a certain penalty therein to lie inserted, to lie and
appear before your Honor, in this honorable Court,
then and there to answer ail and singular, tlic
premises, and to stand to, abide nnd perform such
order and decree therein as to your Honor shall
“seem meet- lind agreeable to equity and good
conscience,” and your orator will over pray, &<:,
LEON ABBETT,
Solicitor and of counsel with complainant.
Gkokge II. Mi’.mkokd, of the city of Now York,
of fill! age, being duly sworn according to law, on
liis oath deposes and says, that lie is an ofliccr, to
wit, the Vice President of The Western Union
Telegraph Company, the complainant in the fore¬
going hill of complaint ; that lie lias heard the same
read to him and knows the contents thereof; that
he is acquainted with the facts and circumstances
therein set forth; that t he same, so far ns relntcs to
the nets and doings of said complainant are true of
his own knowledge, and that so far ns the same re¬
lates to the acts and doings of any other person he
believes the same to be true.
Subscribed and sworn to before 1
me, this 28th day of January, j-
1875, at the City'of New York. )
City and County of Now York. (
T Hunky Schmitt, a commissioner fur the Stato
of New Jersey, residing in the city, county and
Stale of New* York, do certify that on the twenty-
eighth day of January, a. i>., 1875, tlm above-named
George II. Manifold subscribed tile foregoing nth-
davit, in my presence, in said city of Now York,
and did depose and swear that the matters there'll
set forth were true.
In witness whoreor I have hereunto se
my hand, and allixed my ofiicial sea
[seal] at said city of New York, this 2Stl
. day of January, a. n., 1875.
;:• •• . henry scumitt,
Commissioner for the Stale of New Jersey, i
New York. . . . . .
Exhibit A. is the preliinina
22 in this case.
Is the preliminary
noxed to the answers it
marked Ex. 27 in this cause.
Is the letter of acceptance, Ex. 28 in this ct
Electrician's DEPARTMENT.
Western Union Telegraph Company.
GeOIKSK 13. PltESCOTT,
. Electrician.
J
New Yoke, Jmi’y 20th, 1875.
lion. Wii.i.iam Oirrox,
President.
Dear Sir: Your fnvor of the 10th instant ac¬
cepting the propositions iieretoforo made by
TIionms A. Edison and myself, for the sale to the
AVestern Union Telegraph Company, of certain in¬
ventions, and all our right, title and interest of
every uhnmetcr in, to, under, and connected with
all letters patent of the United States, which may
® he granted to us for improvements in duplex and
quadriiplex telegraphs, and fixing the compensa¬
tion to be paid, in accordance with our proposition
made, and marked “2nd,” on or about the 30th
day of December, came duly to hand, and in reply
I have to say, that 1 am ready to unite with said
Edison in conveying all such patents or inventions,
or to assign my interest separately, if I may law¬
fully do so.
To the Western. Union 'I'ekr/rajih Compand, and
lohoinsoecer it map concern :
SUPERIOR COURT,
Danihi. H. Ciiaiii, and
James 11. Bttowx,
Take notice .ha, the An— * ^^"d 08
Si e' » Tlmrnas A. Edison and George
entitled to demand ami iu- f t|„. sllja
company of the rights am ^lllItll,5
George Harrington mm uioin. . . • . ..lemces,
patens gn.nted . m is >- ' > ‘ 1
means and connivances }<" "M " , • , f(„.
T^Sid S to^Siiripmiy. • And the
the tmld and *>toiK ” ' „v is also eu-
S: & *
U.W I.I|U» I'» '
egntphy.
And that the V'T.' ^
served on . nlnd hereaftor to become
said George Intt t, . entitled, through
. due. from the said or the said engage-
the said eompanj, to th • George Harring-
ments and obligations of the said fe
"" r : ' v - .
w W
slmll Lolrorts, ioonnblo him, the said G. Little |(
olitniii his patents, make the necessary apparatus
and Iry various experiments with the same, in . . .
sidemtion of which the said George Little by a
certain instrument in writing, bearing date the mi,
tnti 1889> “W *'»«1 assigned to rhe sai.l
lu «/• LefTerts, one undivided hair part of tin; inven¬
tions therein mentioned, and of any Ictters-patent
that might he granted therefor— for which said in-
volitions, applications for patents h.,d been tiled in
the patent office nt Washington, and wliieh inven¬
tions are included in the grant or patent-rights to
the National Telegraph Company, dated nth Sep.
tember, 18fil). hereafter mentioned, which said title
and interest the said M. Lefferls afterwards, r»r a
valuable consideration. sold to John McKesson.
!l. In the said year ISO!), the said D. II. Craig
07 negotiated, on behalf of himself and the said
George Little and M. Lelft-rts. a contract with the
national telegraph Coni]iany, a corporation incor¬
porated under the laws or the State of New York
for the grant or the exclusive right to . . . to use
the said inventions in and throughout the United
„/!'“• AmJ n- If- Craig caused and pro-
Lined set end eaintahls to invest a large nmoiiiil of
capital in the development of the said inventions l.v
lesaul last mentioned Ce,„i.any. ami for that pin-
the citv of" lv"":,v lin,> '<• <>l»*rate fn.ni
' "rk •'* cities of Philadelphia.
S " "sliiagton. and intermediate
'n~ ,Vr S”•", 1n'“,"!li,rt,,n! ,l"‘ necessary up-
tu ' ,IS° 1,1 tlusllk’ ailtoinalie telegraph sys-
Con’imnVir,.nS "V'1® co,,tn»* with Hie said
wriiimr in " curtain 'instrument in
duly recorded in I he patent ollicu. And it is thereby
provided and agreed that the said Company shall
construct a telegraph line from Iioston to Wash¬
ington to test said Little’s system ; that the Compa¬
ny shall be allowed a certain time for the trial ; that
if the system should not come up to tlio represen¬
tations and guarantees of the said Little and Craig, I
set forth in the said contract, the conveyance of
the patent-rights should be cancelled, or the Com¬
pany should have the option to accept it on certain
modified terms.
The saiil parties or the second part thereby'
covenanted that they would, and did, a few days
subsequently, execute to the said Company, a good
and sufficient license for the exclusive use of all
tlio patents which had been or might thereafter be
granted to the said George Little for the automatic
system of sending messages by telegraph, such
exclusive use to be during the lives of the said 1
lutlers patent respectively upon all land lines and
submarine cables, not over ten miles in Iungtli, in
the United States of America, upon the terms
thereinafter named.
And the said parties of the second part cove¬
nanted Hint they would earnestly and faithfully
co-operate with the said company, and do all in
their power to promote the success of the Company
in all and every inspect.
And it was provided that if. after a fair test be- .
tween' Boston and Washington, the system should
l,o adopted by the company, it should pay for the
exclusive license aforesaid, ono-lifth part of what
might appear to bo the actual advantage or savings
of the Little Automatic system as compared with
tile Morse system (to bo ascertained as therein
mentioned), or instead thereof, ten per cent, of the
gross receipts of the company, for the business
done over its own lines, or lines under its control.
upon which the automatic system should bo used.
And it wns expressly understood between the pur¬
lins to thesnid contract, tlnit the said royalty or per
contnge was to he nt the option of the said com¬
pany. And should thesnid company, after n fair
and reasonable test, decide that the machines failed
11 - to come up, substantially, to the said guarantees
and representations of the said parties of the sec¬
ond part, then it should ho optional with the party
of the first part to elect to accept said Little's sys-
ten> on payment of a less royalty or per eentago
than thereinbefore stated in proportion as the ma¬
chines or the system should fail to come up to the
guarantees and representations aforesaid. Which
diminished royally or per ocntige was in that event
to be computed as therein mentioned.
r>. By a second contract, dated 2<ith November.
1 1 3 LS(i!)’ between the said The National Telegraph
Company and the said G. Little and I). II. Oral-
the said conduct of Oth September, 1800, was
modified by providing that the construction of a
telegraph line from New York to Washington
-should be held to be a sufficient, fulfillment or the
obligation of the said company, and that the lest
upon such line should tie in lieu of the original! v
proposed test upon a line from Boston to Washing¬
ton, mid that after the testing upon the line from
, V 'Yasliington, the same being sat isfae-
tm j , the hue from New York to Boston should be
limit during the spring of 1870.
0- By a third contract , dated Kith .lanuarv, 1870.
and ' Btl,lKSt"7?1 V1’1'.0. N,,ti,"mI T«legmph Company
and the said Cr. Little and I). II. Cniig it was
i„iec.lfl...t ,1 the said contemplated line or tele-
f '' I,.t‘l'\’eu" York and Washington should
e. inquired or completed and fully equipped bv
h, 1 t ' « M,y 11,0,1 "ext- « should be « >ii
resneets '‘'-h l1!l|f|0fl 1,8 !l full compliance, in all
lespccts, with the eonditiousin thesnid previous
contnicts, so far as relates to the lines between
• New York and Washiiigtou. for the testing of the
said fast system.
7. By a /mirth contract between the same par¬
ities, dated Siitli April, 1870, the time for coui-
V.pleling or acquiring the lines of telegraph under US
the before-mentioned contnicts was extended for
thirty days, from ‘-’oth April. 1870.
8. By a fi/th contract between the same parties,
dated illst’ May, 1870, it was agreed that, the time
for completing or acquiring lines of telegraph
under the before-mentioned contracts, should lie
extended for sixty days from the expiration there¬
of, under said contracts. The said company was
todeeido within that time whether they would adopt
’ the saiil automatic system, after after [actual test
thereof, upon the lines of said company, instead of
taking sixty days after the completion of the lines 1 lb
to test and adopt, or reject the system of fast tele¬
graphy aforesaid.
It. On the 2.7//i ./«///, 1870, the said I). II. Cniig,
bv all instrument in writing, under Ins hand and
seal, acknowledged that the National 'lelegrapli
Com pa n V had constructed a line of telegrap i loin
New York to Washington, and fully complied, m
all respects, on their part, with the said eoiiti.u
oflHIi September, 18(10. and the subsequent .i^ill
incuts in relation therein.
10. The said M. Lelferts having become entitled H7
as aforesaid, to one-hair par. or share of and in he
. ssiii! original patents ami invention* o . !c‘
Little, .....1 having sold the same to the sa.d John
McKesson, did accordingly, by a certain l s
meat in writing, bearing date .Ian., 18*4 »s 'fe .
: transfer, and set over unto the said John McKcsso ,
and inventions of the said George Little, and j„
and to and under tlm said 'contract, dated Otli Son-
tomber, 1800.
11. Prior to the negotiation of the said contract
I IS l,ut"’,!0n ,llusai(1 T-iittle and Craig, and the said Nn-
ttonal Telegraph Company, the said Lein.-rts, upon
tile application of the said Little, authorized him
to execute the said contract. And upon the giving
of such authority it was agreed and understood It”
and between the said Leirerts and the said Little
that the royalty to be paid for the use of the in-
1 l that contract should 1
divided that the said Little should have twentv-
seven one-hundredth parts of the said rovaltv, and
the said John McKesson the like proportion ‘there-
?',r 1,1 l),u'suance of which arrangement the said
Leirerts reassigned to the said Little his, the said
119 of1)?'1 •Y,,,l*Vll!1llf "f the Silid original patents
of the siud Little, to enable the said Little to make
te said contract of Otli September, 1801). And bv
_ ie same instrument of le-assignment the slid Lef-
futs d.rected the slid Little to make the said
and ofn, , uSi'id ,isl,ts of the **®-*ts in
said Tnlm \r I1”111 <>f th° said inventions direct to
« „ , io I he said ugiee-
muit uitli tlicsaul National Telegraph Company,
tiie s-ii.l ’vr "f" S,,W ,.0,,u'l,alf Hf ,llu Sil“l patents to
r i t 'l‘S-°" u,,se "f «olh,ps« or cesser
<>f the last mentioned agreement.
120 iq .
X8tl s mM' L " ' "'liting, bearing date
D II end JC'i Jf72’ ,,,,d lm,<ie between the said
Seraid,S::,^t,en"’ l,hw|fc- the first part,
tlieS hi" o^r0"’ °r the seuo"d part, and
I) jj n ' j 8 . j Brown of the third part, the said
^Kessmw a' I e'e,m his w,f“> «>“i the said J.
said Juj . ii ,. itnnsfer and convey to the
int^h.,^idram":i::l, ^"t". titles, and
nn.x inventions hi automatic tel¬
egraphy, and in or under the said contract of Otli
September, 1800.
13. By virtue of Ihesatd assignment from said M.
Iieirerts.to said 'McKesson, and the said assignment
from said 1). II. Craig and Helena, his wife, and
said J. McKesson to said .1. B. Blown, he, the said 121
,1. B. Brown, becaine untitled to and is now the
rightful owner of one half part of the royalty re¬
served in and made payable by the said contract of
Otli September, IStiO, to the said Little and Craig,
jointly, and also to a further or additional part or
share thereof under the said assignment to the said
John McKesson, making, in all, lifty- three one
hundredth parts of the said royalty.
1-1. The National Telegraph Company put the
said Little’s automatic telegraph system in opera¬
tion upon the said telegraph line, from New York
to Washington, and succeeded, as early as lirst of
August, 1870, in transmitting at tiie rate of over .
1.0(H) words per minute from New York to Wash¬
ington and from Washington to New York. And
the said George Little proceeded from time to time,
in the years 1870, 1871. and IS72. to lake out pat¬
ents Tor his various inventions and improvements :
which patents were so taken out at the expense id'
the said The National Telegraph Company or of its
assignee, the said The Automatic Telegraph Com¬
pany, claiming under a certain contract of assign¬
ment hereinafter mentioned.
IS. In the year 1870, the said George Harrington l2S
devoted much of his time and attention to the ex¬
amination of the said Automatic Telegraph system,
lie frequently witnessed the operations upon the
said telegraph line and instituted an exhaustive in¬
quiry into the subject of Automatic Telegraphy.
After devoting about six months to these observa¬
tions and inquiries, he proposed to the said I). 11.
Craig, that, he, the said Craig, should co-operate
SMjjtM
with him, rlii! siiid George Harrington, in i.h«> ron„.
nlioii of n now company, to bo culled I lie Automatic
Telegraph Company, to receive from the National
Telegraph Company a transfer of its patent, rights
and telegraph line, and other property ; that lie,
I ho said George Harrington, should lie President of
lllL‘ »“i«l Company, and should participate with the
said Little and Craig, on certain specified terms, in
(lie fruits of the said contract of Dili September,
said I). H. Craig to have a ne\v conipnnv formed,
assured him that many wealthy capitalists would
follow llie lead of him, thesaid George Harrington,
and lie guided by his opinion on the subject of
Automatic Telegraphy, and that he would obtain
for the Company a siilliciuiil amount of funds to
125 . . line from Boston to New York, with¬
out delay, and to put additional poles upon the
line Irom New York to Washington. And the
said Harrington strenuously urged the said Craig,
orally and by letters, to get rid or the National
t elegraph Company, and presented various' reasons
why it was necessary for him to do so, especially
I hat said Craig’s great object, the conned ion with
Hie press, might lie defeated by some arrangement
bet ween the National Telegraph Company and the
' cstcrn Union Telegraph Company, without said
Craig n concurrence, and that if the National Tele-
fri-iph Company should he “squelched” a new
’ Company might be formed which could make “no
transfer of the patent, rights to any other compunv
wi I lion t the sanction of Mr. Craig.”
17. The said I). II. Craig, being rally convinced
mat it was necessary to demonstrate the system
upon a long circuit, such as a line from Boston to
' l'’1 1 1,11 moreover, that a line between
hose two points would yield a good profit, and
having great conlldenee in the influence and integ¬
rity of the said ( t^t II n a t n mod to his
proposition, and persuaded the parties having
the control of the National Telegraph Company. to
enter into the contract hereinafter mentioned, for
v the transfer of their said patent, rights and property
to another company, the piesident of which should
be the said Harrington.
18. Tile said I). II. Craig, intending to obtain the
co-operation of the editors and proprietors of news¬
papers in various parts of the United States, in es¬
tablishing the said telegraph system, so soon as
it should be practically demonstrated upon the
long circuit, between Boston and Washington, did
accordingly by the said contract of Oth September,
I8UD, 'engage to raise a certain amount of funds for
the enterprise, if the automatic should be adopted
by the said the National Telegraph Company, after
testing the samo upon the said line from Boston to
Washington. Such line not having been construct¬
ed, thesaid I). II. Craig had not been able to give
the necessary proof of the value and efficiency of
the system ; but when the said G. Harrington un¬
dertook, as aforesaid, to have the said line built
from Boston to New York, the said I). 11. Craig
proposed to canvass the editors and proprietors
id newspapers for subscriptions for the stock of
the new company as soon as the new system should
he put in operation upon the said line. The said
Geoige Harrington, being advised of such purpose
and intention of the said I). II. Craig, wrote to him
on 30th May, 1870, advising him to give up the idea
of making any application to the editors of news¬
papers, &c., for. the capital required, ns lie (liar-
ringto ) believed it would he better for him to get
the capital elsewhere, so as to avoid the entangle¬
ments of a contract with the press, respecting the
press business and the iimnngement of the com¬
pany’s n flairs.
V A t
iM'ffoiiiHion between I lia said (
Ion, for the foi'inii lion of n new i
’quire Hie tolegiuph lino nml pi,
lii’lil hy the National Tel'egmph (
expressly iimlurslnoil nml ngreei
Hie nii id Craig nml Lillie nml ]l!m
i said Ihirringlon si . Id use his
ndenvurs to develop the snid mi tom
dem, nml lo linve improvements u
I system nml upon Hie nppumtus i
e lienelit nml seen l ily or Hie snid
, so ns lo lieller secure Hie sucres:
mi nml Hie payments of Hie royi
liem ; mid for Hint, purpose the i
ml Craig employed Tliomns A. Kdi
>r* improvements of nulomutir- l
tus for use in ntilomnfic ielegmpl
. pursuance or sueli empl
o in accordance with n previous ,•
Hie said Kilison nml Oinig, ns lien
led, inventel nml nindc eerlniu
mid oliiniued pnleuts therefor, n
"’ll invenlions nml pntents unto
mi, ns hereinafter mentioned.
islriiiiient of transfer and assign an
"""••"•y. I*’*!, duly recorded in l
"li"lr . . ' 'lie snid The Xnlioi
"I’’"'.'' mid The Automnlie Telegrn
corpi nut ion incorporated under t
"e of AW York, it is declared ll
1,1 ,,r 11,0 of $323,001, paid l.y l
‘?inpli L’oiupiiuy nml other eoiisiih
tional I'olngnipli Company, with i
) Mild I). H. Craig and George Lilt
'1, did thereby sell, assign, transf
,m° snid Auto . lie Telegrn j
gruemenl iiuiiexed thereto betwei
idegruph. Coni puny and the said 1
x'ojgo Little, (luted September Oil
And it was thereby expressly understood and
agreed that in ease (lie results of tire said tests
should be unsatisfactory to the said Automatic
Telegraph Company, then it should be under no
obligation to receive the said transfer and assign-
mont of the said eonmiet, nor to pay anything on
account thereof, nor assume any of the lial.ilhies
or undertakings in the said contract contained,
but that the said contract should remain the pro'
perl.v of the National Telegraph Company.
22. By a memorandum dated 18 U, Januaru
1S71, written at the foot of the last-mentioned con-
tract, bearing the corporate seal of The National
telegraph Company, and the signatures of the
Vice-1 resident and Secretary thereof, it is declared
that the last-mentioned agreement is thereby modi-
tied so as to permit the Automatic Telcgmp'h Cnm-
1?7 to !l«qnire other lines and wires, on and over
w i.cl. to make the test of the system, and the
igmg of additional wires upon the poles of the
exislmg lme, was left to await tho results of such
e. s over other lines or wires, and to the discretion
of the Automatic Telegraph Company.
-;U tlle foot of the last-mentioned agreement
untie t I ""’"‘B memorandum : “The Auto-
h“,vl,.V accepts the with-
• 1,1 memorandum hears the signa-
C nJ , f ?r»U and .losinh
• ton.- l r'f ,lel" imd Sectary of the An-
i toinattc I elegraph Company.
den J J V' a,!i' ,871> thusaW Vtce-Presi-
Cmm l ? •Se0r,0t!"'-»' of National Telegraph
J imaeknow'edged before a notary public the
Presifim.i °1 a f l<! Sllid instrument, and the
Kmd Lr Suureta,-V of th0 Automatic Tele-
: L I,,r';,St™lllllr deposed that the Board
t( execute ti° '!lt Compnn>’ lmd authorized them
to execute the same on its behalf.
24. By an instrument in nriliny, bcariny dale
II Ik February, 1871, under the hands and seals of
the said D. II. Craig and George Little, and signed
and sealed on behalf of tho Automatic Telegraphic
Company by the President and Secretin y thereof
(in tins absence of its corporate seal, not thun com¬
pleted), the said contract of Oth September, 1809, 1-89
is recited, and that the same had been subsequent¬
ly modified and extended by certain supplements
thereto. And also that the National Telegraph
Company had agreed to transfer said contract to the
Automatic Telegraph Company, and that in agree¬
ing to make such transfer tho written' consent of
the said George Little and D. II. Craig was made a
condition precedent or coincident. And that in ,
order to a rail development of tho said Automatic
Telegraph system, it lmd become necessary to com¬
plete and equip the then uxisting line of one wire
extending Troni New York to Washington, erected | ^
by The National Telegraph Company, or to acquire
and equip other lines over which to test such sys¬
tem. And that after the completion or acquisition
and equipment as aforesaid, a reasonable and
proper time should be allowed to enable said Auto¬
matic Company intelligently to determine whether
it could extend its lines and the use of the said
system over the United States, and use said system
under a license for its exclusive and permanent use
under a payment of royalty, as set forth in said
contract, or under the option therein reserved to
purchase said system with all the patents and other
rights then issued, or thereafter to be issued, upon 141
the terms and conditions set forth in the said
contract.
Tt is by the said instrument declared that the
said D. II. Craig and George Little did heieb>
consent and agree to the transfer of said conta ct
to the Automatic Telegraph Company. am " b‘
stitution of the stud Automatic I elegraph Company
for and in the place of the said National Telegraph
Company; (hereby releasing the said National Tele-
graph Company from all the conditions, stipule,
tions and obligations not theretofore fulfilled bv
the said National Telegraph Company, as set forth
in said eontmctnml snpplcnieiits thereto, and liold-
ing the said Automatic Telegraph Company for the
142 performauee thereof.
And it was thereby provided that the said Auto-
inn l-i(5 Company should lutvo four months, nfh'i* ji
line should have been fully eqnippeil for public
business, in which to test the system and decide
upon its acceptance, and ir the Companv
should conclude to accept the system, then the
Company should have until 1st .Innuury. 1872
to determine whether it would take the license or
wo Automatic Telegraph Company therein-
113 stipulated and agreed to proceed forthwith in the
completion or acquisition of lines, as thereinbefore
sa forth, to equip said lines or line and open the
same to public business, as a test, for a period or
ensh a0,f '!S’i-° ,1,!d,l,U i,S M,U "‘'“PHoii and ex¬
tension of its lines and the system, and finally as to
fo list., under Iicmis«or pmulinse, all on or Iwlim*
Isf •January, IS72.
the I!'.!,! f,"i,S vll0"i,y that the test over
deemed a sul'llL'."*^ !•’ 'Vas,.,l"S»>n should lie
tin' p u'i of Hi T C0,,lPI,n,,C0 with the contract on
M4 at 'hon M T"'10 Tulu^,l,l‘ Company, and
1 h os inln r tl,0.,.1J!,fterl*««f',»,wtO’ to extend its
""‘i *" «».V it might
or condition, ‘S|) ,\° ,,f iln-v nil stipulations
" ,s" ‘ ugiml to specilic lines.
foidlT'thN1 b«|,c..ll,,,t r01’, tl"! l,,"'l’°seh therein set
nccep’ted iis .me"t should be given, taken and
use Lid svMteml!XC |,nIV0| ,,IKl fenil>°rarv I' oust t
1872. • . . (ho said dnto of January,
By which said last-meat ionod instrument or writ¬
ing the said Little and Craig assented to an assign¬
ment upon the terms and conditions therein men¬
tioned of the said contract of Oth September, 1800,
to the Automatic Telegraph Company, but did not
assent to any or the terms or conditions contained
ill the said assignment, dated 18th .Innuury, 1871, 145
(executed Till of February, 1871,) which are repug¬
nant to dr not embraced in tile terms and con¬
ditions set forth in the said ngi-eement, dated Oth
February, 1871.
20. No part of the said money or stock made
payable as aforesaid to the National Telegraph
Company, has yet been paid by the Automatic
Telegraph Company.
The said E. Corning died in or about the year
1873, and ins personal representatives now hold the
said instrument of transfer and assignment.
27. Immediately after the execution of the said
instrument of transfer and assign . . of the said
patent rights, the Automatic Telegraph Company
look possession of the said line of telegraph from
New York to Washington, constructed as afore¬
said by thi‘ National Telegraph Company, and took
possession of the ollicesaml apparatus of the last-
mentioned company and equipped and operated
the said line, using the said inventions of the said
Little, and havq continued to do so to the present
lime. And the said Automatic Telegraph Company ^
soon after the v look possession of the said line as
aforesaid. opened the same for public business to
test the said system : but unforeseen didieulth'S
and delays having arisen, and the said Little, not
having vet completed his system of automatic or
hist, telegraphy, so as to enable the Automatic
Telegraph Company to make the full tests contem¬
plated by the said contract, the limitations as to
tho time to lie allowed to the company to decide
$
whether it would accept the .system wns not- insist-
od upon by Mm said 1). H. Cmig and Ct. Little.
And tlio Automatic Telegraph Company, with Mm
knowledge and assent of the said George Little and
I). II. Cmig, continued to carry on its business as
theretofore, continuing to use the inventions of the
14t> said Little, and the apparatus patented by him.
28. By the said contract of Oth September, 18(8),
it was contracted and agreed that all improvements
that might thereafter be made by said Little upon
tile said Little’s Automatic Telegraph system should
be pit ten ted at the expense of the company, parly
thereto of the first part, and that a good and snf
fieient license for the exclusive use of the same,
during the life of said letters-pntont, should be
granted to the said company, as therein mentioned.
After the date and execution of the said ngree-
,,lom> hearing date Oth February, 1871, and made
between the said Cmig and Little and the Auto¬
matic Telegraph Company, the said Little repre-
sented to the said company that lie laid invented
certain new devices and contrivances, constituting
important, improvements upon his said system,
which he desired the said company to lest, and lie
required the said company to take out patents for
the said improvements at their expense, which was
accordingly done by the said company, and they
proceeded with all convenient despatch to test the
said improvements, but had not miflicieiit time to
130 do so before the 1st January. 1872.
And the said Little, at various times between the
smd Oth day of February, 1871, and 81st Pecember,
to /I, and at various times between the Inst-meii-
o ied da e and 1st July 1872, and between the hist-
mentioned date and Hist December, 1872, introducci;
remesen lii/l' f/ T* oontrivnnces, which lie
iiirnm • , 1 , 10 ,sakl ,:o,"l,,,,*y «s constituting
improvements upon his said system, which removed
- I jjj
the objections which had been found to arise in
J practice upon testing the said system. And the
said Little requested the said company to try his
said now improvements and to pay the expense of
patents for the same, which they did, and thereby
; it became necessary for them to have further time
to decide whether they would accept or reject the lol
said system under the said contracts.
By an instrument in writing, hearing date De¬
cember 28th, 1871. the said 1). II. Craig, forhimself
; and ns agent for the said Little, declared and agreed
that in consideration of the said fact that his asso¬
ciate contractor had not yet completed his said
system of Automatic or Fast Telegraphy, so as to
enable the said company to make the tests which it
! had been agreed should be made, the said the Auto¬
matic Telegraph Company should have an exten¬
sion of time, viz. : ninety dtiys Tor the fulfillment |5-:,
of the conditions of their said contract.
And afterwards the said D. 11. Craig expressly
agreed with the said . . go Harrington, President
or the said company, that the time should be ex¬
tended to the 1st July. IS72. for the company
to decide whether it would accept the system. Amt
the said D. II. Craig also expressly agreed willin'
said G. Harrington, as President as aforesaid m
the time for deciding whether the rmiip.iny s >
take a license under the patents or make pun use
of them should be extended to 1st Januarj, • ^
: And tlio •said M. Lelfo-ts and the
Kesson duly approved and conl.rn.ed. V °
of the said D. TI. Craig in relation IoIIilcMc -
of the time limited ns aforesaid.
20. And such limitation having been sap^^
dlS' M,rj«ules aforesaid, the
Telegraph Company, by its Hoard of Dnectois, at
si meeting hold on the 27th June, 1872, formally
accepted the said system. And at a subsequent meet¬
ing of the said Board of Directors, held on Decem¬
ber 80th, 1872, it was resolved that the company
should elect to take an exclusive license to use the
said inventions of the said George Little, and
10 J should not elect to make a purchase of thu patents
. for the same.
00. Since the 27th .lime, 1872, the Automatic
Telegraph Company has been under the obligation to
pay a royalty, under the provisions of the said con¬
tract of 0th September, 1S09, equal to ten percent,
of the gross receipts of thu said company for the
business done over its line from New York to
Washington; but the said company has not ac¬
counted for nor paid any part, of the said royalty.
81. Upon the treaty or negotiation between the
5-' Sllili n- H- Uraig and George Harrington, Tor the
formation of the Automatic Telegraph Company,
as aforesaid, it was agreed between them that the
said George Harrington should obtain an allowance
or a bonus of a certain amount of slock of the said
Company, to wit: to the amount of one million of
dollars for the joint and equal honolit of the said 1).
H. Craig and George Harrington, when subscriptions
oi the capital stock should be obtained for the
general extension of the Automatic Telegraph
system. And a certain contract was entered into
in nceoi dance with the saiil negotiation between
5(1 , *""! 0,<-*”r«e Harrington, George Little, and D.
11 Craig, dated 18th .Ian., 1871, which provides
in in consideration of the services rendered and
to be rendered by the said Harrington to said Craig
«..<! kittle, in the development of automatic, tele"
graphy, the invention of the said Little, they the
said Craig ami Little covenanted that thev would
aj to said Harrington, one fifth part or all the
moneys and stock or other equivalent thev the
"n,d Craig and Little should receive for the use of
By the 12th article of the said agreement, it wi
stipulated that said Harrington might admit
third party to one-third part or interest therein.
Which last mentioned article was inserted fort I
benefit of said Craig, so that he might, on pnymei
MiO of the sum §3,000, become a member of the said tin
and be entitled to one-third of its property an
prolits, that being the understanding of the sai
Harrington and Craig when the said parlnershi
was originally agreed upon.
Prior to the date and execution of the said pari
lierahip contract between the said Harrington am
said Edison, a contract in writing, bearing dal
August 3d, 1870; was entered into by and hetwee
the said Edison and the said Craig, whereby tli
said Edison contracted and agreed Hint he wouh
invent and make a machine for perforating paper
01. to be used in automatic telegraphy, which shnuh
accomplish certain results therein specified. Am
that the patent, which might be obtained for tin
said invention, by the said Edison should be as
signed to the said Craig, with, power to dispose m
tile said patent or patents on the terms thereii
mentioned, together with all improvements whicli
the said Edison might make on tlm said invention,
And the said Craig thereby agreed to pay to said
Edison within thirty days after the application for
the said patent , the sum of $1,300 and certain
shares or slock, and a certain part of whatever
•,o consideration might, be received by the said Craig
upon l be sale by him of the said invention.
I'he said Edison afterwards, to wit, on the (5th
ibiy of December, 1871, obtained a patent for the
said invention, but did not assign the same to the
said Craig, but, on the contrary, the said Edison
wrongfully caused mid procured the said patent to
be issued to liimself and said Harrington, jointly.
'i'lio partnership business, provided for by the
ii workshop wns established by the partners Tor tin
mil nn fuel lire of apparatus ami devices to be expuri
niented with mid for use ill electric telegraphy
And the said Edison applied for ami obtained iiianj
patents for the same, anil by deed, dated -1th April
1871. lie assigned the said patents to himself and t
the said Harrington, to In- held for their joint bom
lit in certain shares or proportions, viz.: two-third
to said Harrington ami one-third to said Edisoi
And tlm said Edison, by the same instrument, guv
to the said Harrington nn irrevocable power o a
tornev to sell and transfer his the said Edison
share" thereof. And the said Harrington now holt
this said power of attorney, and the said pntoi
rights, which said assign t f patent rights an
power of attorney recites that the said hdim -<
agreed to invent and const met for the said li-imi,
ten fall and complete sets of instruments and >«*
chinery that should successfully ami vi.ono
develop into practical use the tattle oi o -
tem of automatic or fast system 0 ‘j '
And that the patents should be issued to . id II.
ringloi. mid Edison, .be whole to be unde, the sc
control of tl.e said Harrington, lobe «!•" P** '1 ' "
biiu for their mutual bcaclit. m
aforesaid, hi sm*h ni:iiin«r ami h’*w'lu
said Harrington should deem advisable.
And by the said deed of W*»J Js'
Edison did assign to said Harrington, ,
interest of all bis said invent ions of *
copying printers, and of all Ws b.veni In
inventions mid printers, and )|f ,
and improvements, made or » be ma^, ^ ^
the patents that, might he is. h»li»irmi)hv
oJfeh, be
lueohanical pnntera; iilnUi sum . m
31). The saul Harrington having Imd full contn
of-tlie folegnipli line, held by the Automatic Toll
graph Company, between Now York and Wnsl
ingfon, as aforesaid, and having had the gonoii
maiiagonieiit. of the business of the said eompnn
since its organization to the present time, has use
the said lino and availed himself of the services t
the employees of the Automatic Telegraph Con
puny, and the machinery and oiiiees of that com
pany, to try experiments with the new apparatn
"'id devices invented or brought forward by III
said Edison. And the said Harrington used III
lauds of the said company to defray the expense
if the said experiments, and the cost of the maim
fact. ii re of the said machinery and apparatus. Am
tow the said Harrington claims and insists that III
iViitoinatic Telegraph Company has no right or till
o or any interest in the said patents of the sail
lidison, lmt that, lie, the said Harrington, lias gout
•iglit to use the said patented inventions for hi
>wn personal benefit and to the damage and de
it ruction of the said company, ami the compleli
lefeat of the said Little and Craig.
.tti. And the said Hiu-riiigloii claims and insist:
hat llie patents and inventions of the said (1 corgi
attle are superseded by those or said Edison, am
hat he, the said Harrington, ran at any moineiil
evoke the verbal license under which the' said com
>any has used the said inventions of the said Edi
on and thereby render the stock or the saiil com
limy worthless, and also destroy the value of tin
bligalion of the said company to pay a roynltv Ic
lie said Little and Craig.
And the said Harrington falsely pretends and
lieges that the said company is not now using any
mention of the said Little, lmt is only' using the
iveniions of the said Edison, which said allege-
on is false ; the fact being Hint the said Edison’s
ments upon or plngmrismsof oriliusory and decojv-
live moililicnt ions of the said Lillie's patents limb '
other inventions. And the said telegraphic system -
os now used by the Automatic Telegraph Company
cannot bo lawfully used without a license, under
the said Little’s patents, nor without a license from -
certain other inventors whose inventions have bectr
illegnlly appropriated by the said Edison,- lie hav¬
ing obtained patents for tin; same in his own name
as if lie were the original inventor thereof.
37. Tito plaintiff's claim that the Automatic Tel¬
egraph . Company, having obtained the exclusive
possession and - uso of the inventions of the said
Georgo Little upon the faith or the obligation of
the National Telegraph Company, which was as¬
sumed by the Automatic Telegraph Company, to
pay Hie royalty reserved by tin1 said deed of Oth
September, *1800, is estopped Troni -setting up the
pretences aforesaid.
38. 'Hie said Harrington also falsely; pretends
and clniins tlmt the Automatic Telegraph Company
has the right to assign its patent-rights to any
other company, without the assent or the said
Little and Craig and their assignees, and lie is now
endeavoring to negotiate a sale and assignment
thereof accordingly. Which said sale and assign¬
ment would be unauthorized and very prejudice I
to the interests-of (lie plainliifs bereiii.
i ; 30; Tlio said Harrington lias-lit various times and
in various forms promised- and engaged that lie
would hold whatever interest lie might. have or ac¬
quire in the said inventions or claims of '»vu,,t,°ns
of the, said Edison in trust for, and would trans¬
fer thb sumo to the said,, the Automatic lolegnip"
| Company.
.’-said Little and Craig and the I
Company, da ted Oth September, 1800, the said Little
and Craig covenanted that they would devote their
services to the benefit of that company.
By the contmot, dated January 13, 1871, mndo
between the said Little, Craig and Harrington, the
1 1 2__ said Harrington agreed to lender his services in de¬
veloping the said Little’s inventions ; and in con¬
sideration thereof the said Craig and Little agreed
that the said Harrington should bo entitled to one-
fifth part of the money and stock which might be
received from any persons or company who might
carry out the said contract of Oth September, 1800,
on a transfer thereof through the agency of the
said Harrington.
The contract Inst mentioned wiis transferred, or
contracted to be transferred, to tile Automatic 'IV1-
173 Company, through the agency of the said
1,0 Harrington,
Whilst the said Harrington was procuring pat¬
ents to be issued to the said Edison, as aforesaid,
taking nil assignment of the principal part thereof
to himself, the said Harrington, instead of causing
such assignments to be made to the said companv,
the said Craig made inquiries on the subject, where¬
upon the said Harrington wrote to tho said Craig
on the Utli August, 1871, as follows: “My pur¬
pose is and always has been to put all I can gel of
hrU.royeme.its and helps into the system, [meaning
1 7-1 5 , L,“le then, when success is achieved,
to let the company say what they are worth.”
And the said Harrington, in the submission to
arbitration hereinafter mentioned, solemnly reco'--
1,8 °,-lign,i<’" ,t0 unito» 1,3 fl»- ns he could, the
ligation notwithstanding the fact that the plmntilTs
and tho Automatic Telegraph Company are inter¬
ested in and entitled to the performance thereof.
40. The said Harrington has fraudulently col¬
luded and’ conspired with tho said Little to oust tho
said Craig, or the parties claiming under him, from
all benefit and advantage of or under the said con¬
tract of Dili September, IStiO, and tho said Tho Au¬
tomatic Telegraph Company, through its ofiiccrs,
have participated in thesnid fraudulent conspiracy.
Ill pursuance of which said nefarious plot , certain
agreements in writing were entered into and wore
signed, scaled and delivered by the said George
Harrington, George Little and the said The Auto¬
matic Telegraph Company, to wit
1 An agreement, dated 81 li January, 1S72, made
between the said George Little, of the first part,
and the said George Harrington, of the second part.
2. All agreement, dated 10th January, 1872, made
between The Automatic Telegraph Company, of
the first part, and the said George Little, of the
second part.
3. An g. i tit 1 ted Oth May. 1872, made be¬
tween The Automatic Telegraph Company, of the
first part, and the said George Littlc.of the second
4. An agreement, of even date therewith (Oth
May, 1872), made between the said George Little
and the said George Harrington.
By which said several contracts the said George
Little, in collusion with the said Harrington and
The Automatic Telegraph Company, tinned to
nullify the said contract of Ol . Sep e.nhe y OOfl
and to make a new bargain w*t,‘ £ £ He
Telegraph Company, reserving to said Little alone,
tho royalty and' other considerations reserved and
made payable for a license to use his: 6ttid juvoiki
tions. And the said Harrington and Little entered
into a confidential and secret agreement, for. a di¬
vision between I lieni of the proceeds of such new
bargain to the exclusion of the. said .Craig, and . of
the said Leiferts, and of the said McKesson, rnnd of .
> the parties claiming under them respectively, a.s -
aforesaid.
41. By the said contract of Bits January, 1872, ;
made between the said Little, and Harrington, it .is
witnessed that in consideration of. tlio.sum of ..one.
dollar, paid by each of the parties to the other, and
in tho, further consideration of the advantages- to.
accrue to the. parties thereto, as tho ownora and
controllers, respectively, of various patents and in¬
ventions for the preparation and transmission of
intelligence by telegraph, the said Little agreed
that he would pay to the said Harrington one-half
pnrt.of all the money, stocks or other representa¬
tives of value that he might receive from any party
for the sale, license or use of - any and all of his
patents and of his improvements, for which patents
had been granted or applied for since August 2d,-
180° or which might thereafter be mndej or-ap-
pbed for, or granted, that were or might be made
applicable to automatic or other telegraphy.
And the said George Harrington thereby ■ stipu¬
lated and agreed that he would pay over to the
smd George Little, one-half part of all the moneys,
'"i . 01, ‘.,thu.1' representatives of .value, that he.
m „ht receive from any party,. from the sale, license
o . eorany and a 1 patents, inventions or improve¬
ments issued, made. or. to be made, by. T. A. Hdi-
J<il'SOy’ of "hatever cimrac-
If th“l't,,e' B!l,me wetucontrolled .by. the:-
■ud Iiaiiington, ns. well ns. from all, inventions or
improvements so controlled that might, thereafter
be.umdu by. said Edison; and also.from.unv and all
patents, invent! iso l jio c eats. .that, he, the.
said Harrington, might acquire, applicable to auto¬
matic or other telegraphy.
f; And all prior agreements between said Little and
D. U. Craig and said Harrington, oi< either of them.
Ilia relation to patents, inventionsniid improvements
in thu United States, were thereby declared null 181
and void, in so far as the said Little or said Little’s
interest was concerned.
| 42. And by the said ayreements, dated Oth May,
11872, made between the said Harrington and Little,
; it was stipulated and guaranteed by the said Little
that his ownership of certain patents allowed to or
applied for by him, in the year 1800, was not less
than one-half part thereof, and in and to all of his
other inventions, improvements ’and patents, the
; title and ownership was wholly vested in him, the
said Little. 1R2
•18. In pursimnee or the said secret, and fraudu¬
lent agreement between the said Harrington amt
j Little, dated 8th .Innunry. 1872, the said Harring-
; ton, two days afterwards, procured the execution
of a contract between the said Little, and the sail
Automatic Telegraph Company, dated H't i • ■>»••
1872. whereby the said Little covenanted that
would grant, to tin* said company an «xcIiim\l 1
conse to use his said inventions out the paymoi1 »
a certain royalty, or would sell and assign • 1 ^
;;i tents to the said company on payment «f “
. therein mentioned, the company being « 1
i certain time within which they should 1 L
whether they could lake the license or no o
V the purchase.
44. Hut by another contract, dated (Mb >[«>’•
1872, made between the said Little !iml ‘ww
' company, the said last mentioned i n .
cancelled and superseded, and a ,M-" V° • , ....
; entered into by the said Little with the said
The wild eon Mu uf, (luted Ofli May, 1872, imule lie
tween tile said Little and the said i'oni|>anv, wie
not recorded in the Patent Oiliee at Wnshiiurloi
until October 21st, 1873.
•li>. The said Harrington, having thus completed
his fraudulent contrivances to cheat and defraud
the said Craig, or the parties claiming under him.
under the said contract or Oth September, 1801),
proceeded m a course of dissimulation and false,
hood to conceal the said four contracts from the
Knowledge of the said Craig, and to make him be-
'eve that the rights reserved to him under the said
contract of Oth September, 1800, were in no respect
I'niHii'^d or prejudicially affected by any dealings
letween the Automatic Telegraph Company and
Little, but that he, the said Harrington, had merely
;ot said Little to extend the time fort ho exercise dr
he said option on the part of theeompnny,.nnd for
.'at Purpose had merely made some concession to
mu in respect to his salary, which was unimport-
ml to the said Craig.
And accordingly, the said Harrington, after the
!*,,d delivery of the said several con. ra.ds
i r. f IBSi,Kl 11,1(1 lll,! Automatic Tele-
I a iri i ,,;?!! 1 1 " 1 11 -v' ! 1 " 1 e 1 u'ee n the said Little and
imsto , continued to make statements, orally.
Iteresis . ° l0,llm sai<1 '» which tile
ubsisiin.r' nelfTe<1 ,0 ' s"i<1 Gm,s were treated as
lie exeefi ” 1 10 r"",10 "‘"-v ,ls flle.V subsisted before
sa"1 fraudulent. contracts
iveei ii niM aml r,'"‘'"'«ton, and bn-
1|nv 1 Hiu Automatic Telegraph Com-
m!e t'o 1872> ""''l H»r'».«ton
" ° tl,e said Craig, referring to the proposed
'ormntion of a new company to take the patent
•ightsaml property of the Automatic Telegraph
Company, and said : " I have not as yet anule
tuy calculation or estimate of what I and my assn-
•hues are to receive or should receive.” "1 am
strongly in hopes that the coming week will seen
favorable lesult to my negotiations in that respect.
We have until January to determine whethci
I he system will be worked under ownership oi
royalty, which question will lie determined afte:
I rial.”
In n letter, (Inlet/ 17 /// Anr/uxl, 1872, the sail
Harrington wrote to the said Craig, as follows : “
am of the opinion that you do yourself injustice ii
the stand you have taken, ami you will eventually
find that tiiy intentions in regard to yourself hav
never swerved from the position taken in the com
mencemeut of the enterprise.”
•1(1. What was the position taken by said Hui
ring ton at the commencement of the enterprise i
stated in said Harrington’s letters to said Ci-iig
(Met/ m/i Min/, 1870 ; 21*/ Min/, 1870. and 10/
i\or,e.nther, 1871. In the letter of 18/// Mail, IS A
said Harrington says : ” Your understanding tin
we shall work together and for our mutual benel
to earn- out all our plans, not only foi niukin
money, but. with the telegraphic agency, that yo
should gratify our personal feelings in a trinmi'
in relation to the news intelligence, in which, if
have voice or power, 1 will stand by you to the fol
est- extent, is in accordance! with my wishes. .
In the said letter ..r 21.v/ Man, 1870. said llnrri.il
ton says Mult liis interest is “ based iijiont um. use,
alliance offensive and defensive with you.
In the said letter of 1( 1M iXan-wlnr. 1871, sm
Harrington writes thus: •* My 0 * 1 1 "
has been loyal to you, to Mr. Little, am 1 .
Hie enterprise, tut I have written before, by joining
cordially in our effort to develop the system.”
The assurance thus given by the said Harrington
that, lie remained loyal to said Craig and Little was
elicited by the fact that, the said Harrington had
IPO represented that said Little’s telegraph system had
been superseded by some inventions of said Kdison,
which were owned and controlled by said Harring-
Heferring to this subject, said Harrington, in a
letter to said Craig, dated August 14th, 1871, wrote
as follows : “AVhen I spoke' or the Little system
being valueless to General Lefferls, I meant thnt,
like gold in the mines, it was practically valueless
until developed and made practically applicable to
telegraphy. That it had no commercial value fixed
and known, but- thnt our joint efforts would give it
1 91 such value, and I was vexed that you should so
misunderstand me and send me an estimate. You
can’t point to a word or act of mine that has not
been to further the successor our scheme— the suc¬
cess of automatic telegraphy.”
“ Is there not a tendency to degenerate into a di¬
vision over the spoils before we have any spoils <
My purpose is, and always has been, to put all I
can get of improvements and helps into the system;
then when success is achieved, to let the company
say what they are worth. They know all I am
doing, and they know what I mean to do. Don’t
l •>- let anything come between us. We have stood In-
one another thus far, and T mean to stand by you.”
47. ’I lie said Craig having heard some rumors to
the effect that the said Little claimed to have made
some new conti-nct with the said company, to the
detriment or the interests reserved to the said Craig,
as aforesaid, made some inquiry or the said Har¬
rington on the subject. Thereupon the said Har¬
rington wrote. to the said Craig a letter dated Avtj.
!8r7, 1872, in which ho stales Ih it he has secured a
ii-m basis for the automatic system, and that lie
vislies an interview with Craig to give him the de¬
oils.
Referring to the contract with Little, lie. says
that it “in no wise changed the essential points IS
ixcept that it gives us until .Inntiary 1st, 1873, to
letermino whether we shall use the system under
royally or purchase.”
“In negotiating, my objects were two-rold, and
those the two you have so constantly desired, viz:
ability to carry out the enterprise (I mean financial
abilityh and to secure it from all liability to be ab¬
sorbed by the Western Union. This latter which,
with you, was the most vital point,” etc.
48. In the month of February, 1S73, it having
been agreed between the said Harrington and Craig 1(
that certain questions respecting the alleged inven¬
tions of automatic telegraph apparatus, made by
Frederick .1. Grace and George II. Grace, at the
instance or the said Craig, (and the disposition of
which inventions the said Craig controlled) should
be referred to the decision of arbitrators, a deed
of submission to arbitration was executed and de¬
pt is dated 4th Feb., 1S73. and the parties to it
are George Harrington, in his own right and as Pres¬
ident, of The Automatic Telegraph Company, m its
own right, mid under contracts therein referred to, 1
andnlso as the assignee, representative and attor¬
ney of the rights and interests of and patents issued
to Thomas A. Edison, or the first part, and Daniel
H. Craig in bis own right and as assignee, represen¬
tative and attorney as therein mentioned of the sec¬
ond part.
40. At the time of the date and execution of the
said deed of submission, the Automatic iulegrupk
Company lmcl concealed from the said Craig the fact
that they claimed to hold nil exclusive license to
use the said Little’s said inventions under and by
virtue of a new contract between them and said
Little in repudiation of iho said contract of Oth Sep¬
tember, 1800. And the said Harrington, at the time
196 of the date and execution or the said deed of sub¬
mission, also held forth and pretended that he had
been using the property of tiie Company, its line and
oiiices, and the services of its employees to develop
the inventions of improvements made ns aforesaid
by the said Edison for the benefit of the said Com¬
pany.
00. And accordingly the said deed of submission
to arbitration in addition to the statement ns afore¬
said, that the said Company was assignee of Edi¬
son’s patents, contains the following recital, recog-
mzmg the existence of the said contract of Oth Sep-
‘ ‘ember, 1SC9, and claiming title under it. and nlso
j-ecognizing the duty and obligation of the said
Harrington to hold his interest in the said Edison’s
inventions for the benefit of the said Company.
“And whereas each of the parties hereto is con¬
vinced that it is most decidely to the interest of all
interested in the practical utilization of Automatic
or hast Jelegrapliy that all the devices and inven¬
tions that have been made will at all aid in the per-
” l,R,cti71 of a system or systems
of last telegraphy should be united in the same
1QR r ,t;"i'VaSrn.tC,,,l,ll,h!d b-vnI1 parties l.erc-
!98 to ft oin their first connection with the development
of a system or systems as aforesaid, and as was
provided or intended to be provided by the con-
Nationnl^T l'’ S°T °n 11,0 lm,'tiu8 lle,,ifo with the
te ''Lr !KTJ Co,nl)llI1y. which contract has •
TeW, r!!refl °1' nss,8"Rd t0 Automatic
nn l °foi n ° 1M,I,y,’ !,ml in r'»theranco of which
«nd foi the general beiieiit of Automatic Tele-
§ (51. The said contracts belwoni said Little and
narrington, and between said Little and the Auto-
mat ic Telegraph Company, were artfully concealed
by tho' said Little from the said Craig. The said
Little never gave the said Craig any intimation
that he, the said Lillie, did not. intend to give tho
Automatic Telegraph Company time to try his new
improvements, but intended, after getting the Com¬
pany to pay tile expenses of the patents for them,
to claim them as his own property, free and dis¬
charged from tho obligations of the said contract
of Oth September, 1800.
The said Little gave snid Craig no notification or
intimation that he considered the said contract of
Dili September, 1800, to have hi I f if t 1 it
nullified, but merely notified the said Craig of the
alleged revocation of a certain authority or power
of attorney held by him from the said Little to
transact certain business for the said Little, life
said Little made no oiler to reassign the one-half
interest in the said original patents, which was to
be re-assigned in case of a collapse or cessoi o t ic
said contract of Oth September, 1800, m which said
contract the snid Little laid a mere minority inter¬
est, ns hereinbefore mentioned. And the saw
Little did not assume to make the sand new con¬
tract with the Automatic Telcgrail C 1
tv considerable length of time had elapsed alte .c
1st dav of January, 1S72, and after there had been
a full and complete waiver of the "
mentioned, in the said contract of Oth Uhinnij
1871.
And the snid Harrington, to cover up Jus flJ'd fl'l'ld
and trickery, did often, in conversation
said Craig, repudiate and ridicule the .
there could lie merely 1>>' reason of je ■
tho contract as to time and absolute rmreitura
the Company’s rights at the i"""' 1 "Imy,
or by one only of (ho two owners of the rovnltv re
served by the said contract. Ami the said il!lr.
rington quoted the opinion of counsel, which lm
l.U taken, which to the affect .that “both of
the parttes of the second part to the said contract
of Dili September, 1 SOD, must act together t |
and work out such forfeiture.”
And the said Harrington has frequently, within
the last four months, declared that the Automatic
lelegraph Company did not intend to claim that
the said new contract with the said Little destroyed
o iTw th,C n^roserve<1 “y contract
ox fltli September, 1S00, to said Craig.
C,m'" ","1 insist «int by virtue
of the facts and circumstances herein set forth the
Automatic Telegraph Company is equitably estop-
pul from denying the rights of the plaintiffs, under
™,n,M '»■
amftrrasfcribiI,ll'1:il1Sl<i11 l,roPMesn.idoffen. to sell
patents and i “,,d i,,torests ■» the said
iC itZ to . •°':SHf K,lis“" ("'ithont
■Vutonci • T°l n?h^0f "le l,ll,i«t'irs and of H,e
o Ids tbl T1;!,,h .Co,,,lM'»y. as aforesaid), but
an «e " ' n “r™St0,,’s 8oIe '*enefit „d-
)r either of them or of n T 11 1 °f the plaintiffs
Company, intends and off ®elcgnipl»
.«.! transfer ome o L Sd P,,?P08e8 to «“
.art thereof i , s 8111,1 inventions, or some
Edison to the said Harrington for the purpose ;o£
defeating tho said rights of the Automatic Tele¬
graph Company, and or the plaintiffs therein.
5-t. And the said the Automatic Telegraph Com-
: puny proposes and offers, through its president, to
sell and transfer to a new company the said patent -05
rights derived from the said George Little as afore¬
said, without any regard to tire rights of the plain¬
tiffs and without their consent, and for tho sole
bcaelit of the said the Automatic Telegraph Com¬
pany, and tho National Telegraph Company.
55. And the said George Little proposes and of¬
fers to sell and transfer his said patents and inven¬
tions, without any regard to the rights of the plain¬
tiffs, or of tile rights of the Automatic Telegraph
Company, or of the rights of this National Telegraph
^Company, hut for his, the said Little's, sole per-
sonni benefit and advantage, and in violation of his
contract with the National Telegraph Company
contained in tile said contract of 0th September,
1800.
50. The plaintiffs aver and show to this Court,
that they will sustain and suffer irreparable loss,
damage and injury, if the said Harrington slmli
, mako any sale or transfer of his said rigid, title or
interest in said Edison’s patents or inventions as he.
the snid Harrington, proposes and offers to do, as
aforesaid. And that the plaintiffs will also suffer
tho like injury if the said Edison shall sell or traits- 207
for any interest in his said patents or inventions so
us to defeat tho right and title of tho Automatic
' Telegraph Company ns aforesaid.
. And tiint the plaintiffs will also sustain and sutler
irrepnrablo loss, damage and injury if the said the
Automatic Telegraph Company slmli make any
; sale, transfer or assignment of their right, title or
interest in the said patents mid inventions of the
siMliiss .
said Guorge Little, without tho privity and assent
of the plaintiffs.
And that; the plaintiffs will also sustain and suffer
irreparable loss, damage and injury if the said
George Little shall make, as offered and proposed
1U9 by him as aforesaid, any sale, transfer or assign¬
ment of the patents granted to him ns aforesaid,
any or either of them, or of his said inventions,
any or either of them.
r>7. The plaintiffs claim and demand a judgment
or decree for an account from the Automatic Tele¬
graph Company of all the receipts of thesnid Com¬
pany upon or on account of which the said roy¬
alty is payable, and also a judgment or decree for
..the payment by the said Company to tho plaintiffs
of. the share of the royalty reserved to the stud 1).
11. Craig under the provisions or tile said contract
200 of.Oth of September, 1800.
' . Tlie plaintiffs also claim ami demand the jiulg-
' meat' or decree of this Court restmining and en¬
joining the said G. Little from milking any assign
meal or transfer or contract affecting his said pat¬
ents or inventions without the privily anti assent
of the plaintiffs.
The plaintiffs also claim and demand the judg¬
ment or decree of this Court, restraining and enjoin¬
ing the said George Harrington from selling or
disposing of, in any way, without the consent of
201 the plaintiffs and of the Automatic Telegraph
Company, his, the said Harrington’s, said right,
title or interest in the said patents and inventions
of the said T. A. Edison, or in any or either of
them, to any company or pursons or person whom¬
soever, other than tile Automatic Telegraph Com¬
pany.
And also the judgment or decree of this Court
enjoining and restraining thu said T. A. Edison
from mnking any assignment or transfer of his
said inventions or any part thereof, so as to defeat,
impair or prejudice thu said rights of the plain¬
tiffs and of the Automatic Telegraph Company
therein.
Tlie plaintiffs also claim and demand the judg¬
ment or decree of this Court restraining and un¬
joining the said Tlie Automatic Telegraph Com¬
pany and the said The National Telegraph Com¬
pany from making any sale, assignment or transfer
without tlie consent, of the plaintiffs to any third
party of the said patent-rights granted or covenant¬
ed to lie granted to the said The National Telegraph
Company, in and by the said contract of 0th Sep¬
tember, 1800.
And tlie plaintiffs pray that an order or prelimi¬
nary injunction lie granted to restrain and enjoin
all such sales, assignments and transfers as afore¬
said by all and each of them, thu said George Har¬
rington. George Little, Thomas A. Edison, and The
Automatic Telegraph Company.
And tlinl the plaintiffs may have all such fur¬
ther and other relief in tlie premises as the nature
of the case may require and shall lie agreeable to
equity and good conscience.
WILLIAM D. I1ENNEN,
Attorney of Plaintiff s.
Oily and Comity if Arw York. ss. :
Dan tut. H. CttAio, oneof the plaintiffs above nam¬
ed, being duly sworn, says, lie is acquainted with the
facts stated in the foregoing complaint ; tlmt the
sn mo is true to his own knowledge, except as to
those I, .otters therein stated on information anc
- ‘ ’ ' ®" I
— m
belief, und ns to those matters he believes it to bo
C. Edward Rivks,
Notary Public,
New York County.
Wim.iaji D. Hkmxjcx, called for plaintiffs and
sworn, examined.
By Mr. Butler :
Q. You arc nn atlornov mid counsellor at law?
A. Yos. sir.
Q. As such ill 187-1 were you employed to drawn
bill in equity in which Daniel II. Craig, and others,
tiro complainants, against George Harringtcn,
Gcorgo Little, Thomas A. Edison, the Automatic
Telegraph Company and the National Telegraph
Company, respondents i
A. Yes, sir ; I was in connection with Mr. 11. W.
Russell.
Q. State whether that bill was printed, and
whether you have a copy of it ?
A. Yes, sir : I have a copy ; here it is.
Q. Look at the date and say when it was dated?
A. The 8th of October, 1S7-I.
Q. Did von sign the bill as solicitor l
A. I did as attorney for the plaintiffs in the
usual course of business, and in the usual way.
Q. State whet her you served it upon the parlies so
far as you could ?
Objected to on the ground that it is
I in material whether the paper was ser-
A. I did, so far as I could.
Q. Did you take measures to have it served in
the usual way in which papers are served in your
0lA.° Yes, the papers were served Upon three of the
defendants, I think.
Q After the service upo sont of tl o Icf il
ants, say three, did you prepare that papa ? (hand
A. Tcs, sir ; I prepared that in conjunction with
Mr. R. W. Russell.
Q. Is it in your hand writing or his ?
A. I don’t know; it is notin my lmndwriting;
I don’t think it is in his ; it is signed by mp ; that
is my signature to it.
220 Q. After having signed it'stnte whether you gave
it to a messenger or clerk to serve upon the parties
to whom it was directed ?
Objected to, upon the gronnd, that
whether he gave instructions to his clerk
or messenger or not, is immaterial ; the
question being simply whether it was
served or not.
The Court. — There is no harm in the question.
It makes no difference whether he gnvo it to his
clerk or not, unless he shows that he served it
221 afterwards.
A. I cannot, of my own recollection, without
reference to my register, state that 1 gnvo this to n
messenger to be served upon the Western Union
Telegraph Company.
Q. Look at your register, if you have one ?
Q. Is that your register in which memoranda
and records of service of processes wero kept bv
you 1 A. It. is, sir.
222 Q. In the usual course of your business ?
A. Yes.
• Q. Was the entry iti regard to this notice made
there in the usual course of business?
Objected to, on the ground tlmt it does
not appear that there is tiny entry.
Q. Did you enter there a record of the service of
this notice? A. I did, sir.
• Q. Was that entry made in the usual courso of
business ? A. It was.
Q. Wluit is the date of the service of this notice?
Objected to ; excluded.
Q. Look at that entry, and tell me when that 223
Objected to, on the ground that it has
not been proved that it was served ;
objection sustained.
Objected to, on the ground, tlmt the
witness has slated that lie has no per¬
sonal recollection of giving it to a clerk „
or messenger to be served, lmt. that he may
perhaps be able to refresh his memory by
reference to bis register. After reference
to his register he ims not stated that bis
tnemorv is so refreshed, as that, lie is
ablo to stale whether be delivered it to a
clerk or messenger to be delivered or
Q. Look at the entry upon vour registtr in re¬
gard to this notice ; does it so refresh your recol-
h lection as to enable you to state whether you gate
:v it to anybody for the purpose of service i t
' A. I must have given the notice to some one, oi
r instance, T should not have made this entry upon
, the register.
Mr. Lowrey. — Please don’ t reason about it ; an¬
swer the question directly.
A. My recollection is so far refreshed that l can
_ . . J„,1 Inokimr at tills regis-
ter, Hint Micro was 11 notice sent from my oflico to
the Western Union Tulogmph.-Coiupuny.
Q. By n proper person ?
Objected to, on the ground Hint there
is nothing in the record on llio register
which would lend tho witness to uny such
conclusions.
The Court. — Tie didn’t inenn to say, ns 1 in-
erpreted his testimony, Hint it was sent, but Hint
le directed it to bo sent.
The Witness. My memory is so Tar -refreshed
Imfc I remember I directed ifc to be sent.
Q. State whether you cun say Hint tlio messcn-
;er reported that it had been served upon (he
Western Union Telegraph Company?
Objected to ; objection sustained ; ex¬
ception.
Q. Look at that; can you tell when that left
our office? A. Yes, sir.
Q. When? A. On the 18th or October, 1S7-I.
ate whether you got a report of tho fact
liad been left where you sent it to be left?
Objected to on the sumo ground here
tofore slated; same ruling and excep¬
tion. 1
/«wv!.-lt, does not matter whether he did or
ho did, it would not affect the question ; it
>e mere hearsay.
ate whether the entry made there, in your
, was made at the time? A. It was
hat is the date of it ?
tli of October, 1871.
nv, sir, assuming, for tho purpose of the
Objected to, on the ground that it is
assuming a fact that is not proved, and
undertaking to make the witness, who
did not make tho service, prove that it
was served ; objection sustained ; ex¬
ception.
The Court. — If he knows when it was served he
can state ; if he don't know, let him say so.
Q. Do you know whether it was served or not?
A. Of my own personal knowledge I do not,
apart from the entry in my book.
Q. You didn’t carry it ?
A. No, sir ; nor I didn’t serve it myself.
Q. Do you know it was served, as you knew of
the service of any other sorvico?
Objected to ; objection sustained.
Q. Did you ever have anything to do with send¬
ing that notice, or any other notice to the Western
Union Telegraph Company after the 13th of Octo¬
ber, in this case?
Q. Do you know the clerk by whom you sent it !
A. 1 him* forgotten by whom I sent it, and I
find no entry in my register of the person it was
sent by, or to whom I gave the direction, and to
whom I handed it to be taken : all t know is, I
simply gave the direction.
Q. You havo forgotten the person by whom it
was sent? A. Yes, sir.
A. It was some poison in connection witn join
office, I suppose, or the business of your office
. A. Ary impression is that it was, but 1 don t re¬
member his name.
Q. Do you know who made the entry ?
. .
Q. State whether yon have a printed copy of the
bill 2 A. I have.
282 Q. State whether you sent a printed copy of the
bill 'with the notice as a part of it?
The Court. — It don’t amount to nny thing unless
it is connected with these parties and is brought
home to them. Yon may answer the question.
A. I think I did.
Q. Have you any doubt in vour i
you did?
A. I scarcely have a doubt in my o
from my entry in the register.
Q. Do you use the words, “’was sent?”
A. I gave directions for it to be sent.
Q. You gave directions simply ?
A. Yes, sir; I gave directions for it to be sent,
and don’t know what took plaee afterwards, except
what was told me.
Mr. Butler offers in evidence the entry
l upon the register, made in the usual
course of business, in regard to the ser¬
vice of . this notice.
Objected to upon the ground that it
already appears that Mr. Hennan didn’t
make the service.
J7ie Court. — It is clearly inadmissible oh the
ground urged, and also, on the ground that it is
Mr. liutler.— For the purpose of raising the ques¬
tion, I ask your Honor to permit the entry to go
upon the record, ns embraced in my offer.
Mr. Rutter.- Then I desire to amend my previ¬
ous offer in that respect ; and, stated formally, it is
that I offer in evidence the entry on the register or
Mr. Honnan, in regard to the service of this notice,
made in the usual course of business, in the follow¬
ing words :
Daniel W. Craig and James B. Brown against
George Harrington, George Little, Thomas A.
Edison. The Automatic Telegraph Co. and The
National Telegraph Co. Superior Court of the
city of New York. Complaint filed 8th of October,
1874. ****** Notice given to Western
Union 18th October; served on President.
Q. Have you any means of knowing who it was,
or can von give me any clew by which I can deter¬
mine who it was that served this notice t
Objected to ; admitted.
A. I have already stated that I have forgotten
the name of the person who served it. '
Q. Whose handwriting is the notice?
• A. It is signed by me.
Q. In whose handwriting is it 2
A. It is signed by me; it is not in my handwri¬
ting.. .
Q. The notice!
A. No, sir ; the signature to it is tn my hand¬
writing; I think the clerk wrote the body of it, but
I don’t know certain who it was.
Cross-examination waived.
Mr. Butler.— I now offer the notice untl copy ol
the bill which was produced here yesterday from
the possession of the Western Union Telegraph
Company.
Defendant's counsel objects.
First.— On the ground that the evi¬
dence is a matter res inter alios acta.
Second. — That it does not appear that
the notice in question was ever served.
Third.— That it does not appear that
the bill in question was ever served, nor
is there any evidence tending to prove
that, it was served by anybody. Tin-
whole evidence on the subject being
merely the fact testified to by Mr. Or¬
ton that he had, on some occasion, seen
it in the oflioe of the Western Union
Telegraph Company.
Fourth.— That it, does not appear that
the Western Union Telegraph Com¬
pany, or any of its officers, ever read
that bill, or that portion of it ns to which
the counsel immediately inquires.
Fifth.— That no such proof is admis¬
sible in support of the allegation of the
complaint that the Western Union Tele¬
graph Company and Prescott had notice
of it before the 1st, or January, there be-
subject"^' ti0n ‘n the roml,laint tl>ut
The Court.— I will take the evidence for what it
worth, and decide upon its effect hereafter. Tl.e
estion is one of effect.
Defendant’s counsel excepts.
Jiill marked Inhibit Z 8, and put in
evidence. Mr. Wheeler mores to amend
the complaint by inserting at folio 20,
after July 1, 187-1, the words, “and also
prior to January 1st, 187a.” Motion
granted with loavo to defendants to
amend their answer if limy deem it 5
proper. It is also agreed by plaintiff’s
counsel that the amended complaint shall
be verified.
Mr. Butler reads in evidence from articlo 33 of
the complaint.
llljtAM Bak.nky, called for plaintiff, and sworn, n
Examined hj/ Mr. Sutler: II
Q. What is your business 1 A. Lawyer. HI
Q. In llio summer of 187-1, did you see Mr. Or- HI
ton about the purchase of the interest of various ■■
associations in the Automatic and other telegraph H
A. I saw him in relation to the purchase of the U
Automatic and other properly connected with that. BJ
Q. Did you arrange a meeting between him and
Mr. Heiff, and if so, where?
A. On tho Wlh of June, Mr. Orton called at my 043
office about noon, and wo entered into conversation
in respect to the purchase by tho Western Union
Telegraph Company, and t he property and patents
which they and George Harrington held.
Q. Will you go 011 and state, as near ns you .can
recollect, what was said (
Objected to on tho ground that it is
notin rebuttal.
Q. Wns Mr. Orton informed by yon tlmt Mr.
Dnvidgo hud no authority to treat ?
A. lie wns.
Q. State wluSthcr a meeting wns arranged for nn-
otlier day with Mr. Reiff ?
A. O11 that day, the 12th of June, Mr. Orton and
I agreed that we would mfcet again on Monday the
15th of June, because Mr. Harrington wns absent.
Q. Did you and Mr. Orton and Mr. Heiif meet
on that day? A. Yes.
Q. On that day, the 15th of June, Mr. Orton wns
informed by you and by Mr. Reiff in yonr presence
that you at that time, had no authority to sell the
automatic X
A. Hot on that day, but on the previous dnv,
the 12th of June, I told him so.
Q. Was Mr. ReiiT present on the 12tli of June?
A. Ho, sir.
Q. You told him so ?
A. I told him that I had doubts whether Mr.
ReifF could sell or accept an offer for the purchase ;
Reiff could sell or accept an offer for the purchase •
if certain papers which Iliad prepared were already
executed, he could not sell ; if they were not he
tty Mr. Butler :
Q. Whether they were executed or not yon did
not know? A. No, sir ; but before—
Q. Did you finish your conversation on the 15tli ?
A. Ho, sir.
Q. You adjourned to meet on the 10th ?
A. Yes, sir.
Q. When the two came together and lmd a con-
toe" A. He dW ROiff Ie“Ve ^ r°°m at a Certaiu
Q. After Mr. Reiff left the roam, what did Mr.
Orton say to you and you to him as to mailing a
proposition fora sale?
A. Precisely what was said ‘a words I cannot
remember well enough to testify, hut the substanco
I can state.
Q. Pleaso do so. 247
A. Mr. Orton remarked that ho lmd can versed
with Mr. Reiff very fully, in regard to the proper¬
ty, and all the things proposed .to be turned over
in caso of a sale, and then ho asked me when wo
were alone, “How what can these tilings bo had
for?” I said, “That f cannot' toll you. In tho
first place wo can make no offer to sell.” I repre¬
sented Harrington and the automatic. “ We can¬
not put ourselves in that position. You must
make an offer, and then we will say what we can
do with it.” He hesitated, lie did'nl. seem in¬
clined, by his manner, to make any offer. I sag- 0 |g
gested, that if lie wished me to advise him what
sort of an offer to make, I would do so. He said
ho did in substance. 1 then said, “I advise you
to offer Mr. Harrington and his associates $500,01)0
in cash, and $5, 000, (Hit) in the stock of the Western
Union Telegraph Company.’- .Mr. Orton said,
“$500,000 in cash or in stock of the Western Union
Telegraph Company either, is out of the ques¬
tion.” Said I, “If you mean that further cotiver-
sntion on this subject is unnecessary.” He said, •
“I mean it.” I then said, “Ho offer Inis been
made on either side.” “None,” he said, “and
this conversation is confidential.” f said, “ If I 249
have any occasion further to treat with you m re¬
gard to this matter, or ir anything should arise
which may make it advisable or expedient in my
view to have any further conversation, I will ndviso
yon,” and that ter i tcltl whole affair.
Q. Did he say anything as to the means by
which lie proposed to wipe out or got rid of this
line?
A. He did.
Q. What did he say !
A. ITe said, I cannot undertake to stato tho
words, but the substance, and perhaps I may ure
the very words. “ I will, wherever the automatic
concern have oflices, put offices right opposite to
them. I will entry messages to Philadelphia, Fal-
T’° timoro and Washington, of ten words, for ten
cents, and one cent for every additional word. I
will spend enough money to break them down.”
Q- I will ask you whether Mr. Orton stated at
that interview that lie desired to get only Mr. Edi¬
son’s inventions or the possession of Mr. Edison's
business or anything on that subject—
The Court. — You limy ask him if the observa¬
tions stated by Mr. Orton, in his testimony weie
made. Beyond that I do not think it is proper for
you to go.
Q. Will you answer what was said on that sub¬
ject ?
Objected to. Excluded. Exception.
Q. Did you or Mr. Iteiir ask Mr. Orton, when he
was pressing for a price, whether he wanted tho
price to cover the whole tiling or not, and lie an¬
swered “Ho t ”
A. I think it probable I asked him that question,
and that lie limy have given that answer, but we
had considerable conversation.
(Objected to on the ground tlint the
question has been answered; objection
sustained.)
Q. Did lie say anything that lie did not care
Q. Did horny ho didn’t cr.ro anything about tho
Litlio patents';
A. I don’t think he said quite that.
Q. What did he say on that subject?
A. He said lie didn’t consider them to be of
much value, or that in substance.
Q. Did lie say that he wanted you or Mr. Reilf 253
to give him a price for Edison’s patents for tho
iiutonV.itic. or what did lie say on that subject ?
A. I don't remember that lie separated those
from t lie oilier properties.
Q. State whether any tiling was said there by Mr.
Orton which confined the inventions which were tho
subject of negotiation to automatic alone?
Q. Did you or Sir. ReitT say to Mr. Orton, ‘‘Now
do yon desire to know the price for controlling all 25-
theso things*” (Folio 017.)
A. T don’t think 1 ever on that occasion put Mr.
Orton a question in those words, because—
Q. Did you hear any such question put by Mr.
Heiir?
A. If any question in respect to the subject mat¬
ter of this inquiry —
Objected to.
Q. Tho question is this : Did you or Mr. ReitT, 1
speaking to Mr. Orton, s.iv, “Now do you desire
to know the price for controlling all those tilings ?”
A. I could not have said that; wo did not name
n prieo at which wo would sell.
Objected to.
By the Court:
Q. The question you were requested to answer is
whether you or Mr. Roiff snid to Mr. Orton these
words : “ Now do you desire to know tlio price for
controlling all these things ?’’
A. I could not have presented n question in that
form.
Q. The answer is not quite responsive. Did yon
256 or Mr. Iteilf, is the question ?
A. Mr. Iteilf may have done so ; I don’t remem¬
ber about that.
By Mr. Butler :
Q. You don’t, remember that he did ?
A. I think in substance lie did, but not in that
form.
Q. I desire to know whether he put to yon this
question, in substance, “ I desire to know the price
for Edison’s automatic inventions separately from
anything else?” (fol. 018.)
257 A. I think he did ; and lie desired to know the
price of the whole.
Q». What did he say ?
Objected to.' Objection sustained.
Mr. Butler. — I offer to put in what, he did say.
The Court,— It is a matter that should have been
put in as evidence in chief, and is in no way proper
as rebuttal. * 1
Plaintiff excepts.
258 Q' St;lte whether, at that conversation, anything
was said, and if so, what was it, as to the desire of
Mi. Orton to get control of the brains or inventive
powers of Mr. Edison, or that 1m desired to get
Harringtons permission to that effect through
A. I think Mr. Orton made a statement in sub¬
stance like that, involving the question : I cannot
but I kno "T1 my "'ort1s breins,
powers.110" v,llned Mr- EJ«on’s inventive
(Objected to.)
The Court.— So far as Mr. Orton has introduced
new matter, you have the right to coat indict him,
but Mr. Harney is not Imre to corroborate the state- -
nmnts of Mr. iteilf, as to what occurred in that con¬
versation in so far as he is contradicted by Mr.
Orton. This examination in rebuttal ought to lie
conhucd very strictly and very liiielly to a direct
centred icl ion of the statements made by Mr. Orton.
I have heretofore laid down that proposition very
clearly and distinctly, and I think that, to attempt
logo beyond it, is in derogation of llm instructions
given by llm Court.. I have already allowed ques¬
tions to lie pul to (lie witness in the exercise of an
extremely liberal discretion, but 1 do not propose
to go beyond what I have slated. 2
(Plaintiff excepts.)
Cross-examined by Mr. Dickerson.
Q. Do you mean to say that Mr. Orton asked Mr.
Iteilf to gel the permission of Mr. Harrington to
employ Mr. Edison, or to have command of Mr.
Edison's inventive powers or brains'
A. Mr. Orton was negotiating for all that Mr.
Harrington-had as well as the automatic.
Q. Please answer my question. I am not asking
you what ho was negotiating about?
The Court. — The answer is not a responsive one. -
The counsel haa a light to insist upon a responsive
answer, and you will please muko your answers, as
fnr as possible, responsive to the questions put to
you.
Q. (Question repeated.)
A. I think ho did in effect say that.
Q. What was it lie said ? What were the words
in which he expressed llm request?
#11111
A. Mr. Orton know tlmt Mr. Harrington—
The Court : Statu whntwussniil.
A. Mr. Orton wished.—
Q. Wlmt dicl Mr. Orion say?
A. Do you ask me to give you the words?
Q. As near as you can?
A. In suhstanee Mr. Orton expressed a desire t(
purchase all Unit Mr. Harrington had as well as nl
the Automatic Telegraph Company possessed.
Q. Is that, the foundation of your previous an.
A. I didn’t say I had no oilier foundation.
Q. AVIiat else was said from which you aro aide
to testily that. Mr. Orion asked Mr. ‘ Reid to get
Mr. Harrington’s consent to his employin'' Mr.
Edison in any capacity <
A. Mr. Harrington hail an agreement.
Q. (Question repeated).
A. I cannot remember tile words that were used
so as to swear positively to them ; I know the drift
of the whole negotiation and what they were talk¬
ing about; and what Mr. Orton proposed to pur¬
chase. • .
Q. You have told as that already.
A. In that was included the inventions of Mr
Edison, and those lie might invent.
(Defendant’s counsel object to answer
m not responsive, and move to strike it
The Court. I decline to strike it out, but it will
be ill terly disregarded.
Q. Was the subject, of any employment of Mr.
Edtsan or any acquisition of Mr. Edison’s inven¬
tions talked of between these parties, except so far
t was involved in the matter that was pending be-
ween them in the negotiation ?
A. 1 think it was; I cannot be positive.
Q. Wlmt else was said that you know of ?
A. I think Mr. Ortoii, in the course of the con-
rorsution with me -
Q I only want wlmt took place when Mr. Reiff
was present i
A. I think Mr. lleilT was present.
Q. 1 only want wlmt took place when lie was
present, and nothing else.
A. 1 cannot be positive whether lie was present ot
Q. In that conversation what did Mr. Orton, in
Mr. Ueitr.s presence, say to you, or in your pres¬
ence, about bis desire to employ Mr. Edison or to
get the consent of Harrington for him to employ Mr.
Edison except to any other matter than that which
was the subject of negotiation between the parties!
A. My recollection is not. distinct as to Mr.
Reid's presence during this conversation.
Mr. Dickerson— l want only what occurred when
Mr. Reiff was present.
Mr. fint/rr.— I insist that the witness be allowed
to go on and answer the question.
The Court. — Tins testimony must now be conlineil
solely and exclusively to what occurred in Mr.
Reilf a presence, and to a mere contradiction of Mr
Orton’s statement of what occurred on that ocra
sion about which Mr. lleilf did not testify at a 1.
Counsel have a right to insist on the witness with
holding any statement of what occurred on any
other occasion than the one when Mr. Uein wiu
present. He is not to be permitted to - testify ti
any conversation which did not occur m Mr Reiff s
presence. Counsel have the right to subject the » it-
ness on cross-examination to tlmt limitation.
member Mr. Reiff whs there, the question put t<
you on your cross-examination ?
A. I cannot remember positively that lie win
present when these remarks were made.
Q. WIiii t is your best recollection ?
A. I believe lie was ; I presume he was.
Q. Then answer the quest ion ?
A. But. it is not from actual recollection.
Examined by Mr. lhtller :
Q. Stnte whether you cnlled upon Mr. Orton, bo-
ween the 1st and the 8th or Oth of July, 1871,
iboti t raising some money— 61 0,000 ?
A. I did, about that time.
Q. I would like to have you state the whole of
his conversation. After you offered to hypotlie-
ate your machinery and tools in yonr shop, what,
lid lie say, and what did you say ?
A. lie said he didn’t like to ndvnnce any money
n machinery in New Jersey.
Q. What else was said 1
A. He says “ What else have you got?”
Q. What did you say to that?
A. I says “ I have got my automatic interest ;
ould you loan on that?” He savs “Wlmt pe¬
ers have you got?” I says “I don’t know, 1
ill see.” He says “Bring them over.”
Q. AVlint did you do then?
A. I brought some paper over.
Q. What did you do with that paper?
A. I don’t know whether I showed it to Mr. Or¬
el or not, but I remember taking it down to Por-
:r, Lowroy & Soren’s office.
Q. Who went with you ?
A. I think Mr. Prescott went with me.
, What did you do with the paper; did you
ke it or did Mr. Prescott ?
A. T think I took it.
Q. What did you do with it ?
A: I think I handed it to Mr. Stone of tile firm.
Q. Did he examine it ? A. Yes, sir.
Q. What did he say (
A. Smiled and said “ No, good.”
Q. About wlmt paper was that said ?
A. I could not say.
Q. Slate whether file paper you went and got at ■
Mr. Orton’s request, and brought to the office, and
then took to Porter, Lowery & Soren’s office
with Mr. Prescott, was one of the papers showing
yonr interest in the automatic— one of the two ?
Objected to on the ground that it is new
matter, not proper to be gone into on re¬
buttal.
Mr. lhtller .-—We propose to show that it was
oil her the paper of 1870 or 1871, and to destroy the
effect of Mr. Prescott’s oath. 1
The Court .•—The evidence you propose to give is
not by way of contradiction of anybody or any¬
thing.' 1 think it is a matter which should have
been adduced on your case in chief. I sustain the
objection and exclude the question.
Plaintiff excepts.
Q. Go to another point. Did you say to Mr. Or¬
ton. in the first days of February, 187!), that the
business of making duplexes was very trilling, and
that vou could make a good many of them, etc. (
A ‘l think 1 said it was a very easy thing to ,
tvs* ~ io" « rr .«»■ >r •—
the subject of the qi 1 1 1 x '*>• "Ir- ur 0,1
January 1874, just before he went to Europe !
A. I think not.
Q In the venr 1873, in June, did you have a con-
versation with Mr. Orton in which you expressed
your obligation to Mr. Prescott for what he hud
done? A. 1 don’t remember that.
' ' ' '' 7
Q. Dill you s til to to Mr. Orton, between the 1st
iiml 10th of .Tuly, 1874, that the Automatic people
hnd never paid you anything for your inventions—
just before the Times article appeared?
A. I don’t remember of having stated that.
Q. You have no memory on that sullied t
' A. No, sir.
Q. Do you state whether you were ‘ present the
night the Times' article ivas prepared (
A. Yes, sir.
Q. Was that article rend over to Mr. Prescott
A. Yes, sir.
Q. Did lie make any alterations in it?
A. I don’ t know who made any alterations in it.
Q. Was it read n
o yon
a manuscript that.
night? A. Yes; before publication.
Q. Was it read over to Mr. Prescott at that
time ?
275 A. A reporter brought it in the room anil read
it over to Mr. Prescott and myself.
Q. Did Mr. Prescott and the reporter go out to¬
gether? A. 1 believe they did.
Q. When the article was published was it differ¬
ent from what it was when it wns rend over to von ?
A. t think it was, a little.
Q. How different. (
A. 1 think it. said, when it was read to me
“ Edison and Prescott,” and when it. came out it
was “Prescott and Edison.”
Q. The order was reversed > A. Yes, sir.
ove r»y‘ A.-,el’ mi<;iml tl,B »>oi>ey on the 10th of
-7 i December, did you have any conversation with Mr.
Orson ! A. I think I did.
Q. When and where ?
Objected to.
A. I think at. the time 1 presented the joint pro¬
position or myself and Mr. Prescott.
• Q’ ,ftatn 'vlloflu!r Mr- Orton said anything to you
that the second proposition, the one with. the alter-
native, was the same that he should make himself?
A. I don* t remember thut.
Q. Did you ever hear that before ?
A. I think not.
Q. State whether you know that Mr. Orton wns
going to Chicago until after he laid gone ?
A. No, sir; I did not,
Q. How sure are you of that ? 277
A. Very sure.
Q. State whether you called to sco him the morn¬
ing after he had gone? A. Yes, sir.
Q. Wns that the first you heard he was gone ?
A. Yes.
Q. Did yon agree with him in any way to put off
a setlcmcnt of a price for this invention until after
be enmu back from Chicago ?
A. I don’t remember any agreement of that
kind.
Q. IIow sure are you that you made none ?
A. Very sure. Oi-o
Q. Did you go with Mr. Prescott’to Porter, Low-
rey & Soren’s office, more than onco in 1874 ?
A. I think I went there twice.
Q. Yon remember going twice ?
A. With Mr. Prescott 1 think not ; I am not
sure nbout it ; T know I did once, sure ; the other
I have only an indistinct recollection of.
Q. Now, at any time did Mr. Prescott say any¬
thing to you about a notice being served on them
by somebody, of Harrington’s claiming your
patents ? A.’ Not Harrington ; no, sir.
Q. I want to know when it was that you hnd the
conversation you now have in your mind, whether 279
lie told you that Air. Craig claimed it.
* Objected to on the ground that it con¬
tradicts nobody, but is new matter.
The Court. — The examination of the witness
must bo confined strictly and solely to matters in
rebuttal.
Objection sustained ; .plaintiff excepts.
Q. In the Fnll, between Clio 10th of July, 1874,
and tho 30tli of 'December, 187-1, when Mr. Orton
went to Chicago, state whether Mr. Prescott told
yon that Craig had notified him or them of a claim
upon your patents?
A. lie notified me one morning that Cmigclnimed
the quadruples.
Q. When was that, as near as you can tell?
A. I think it was in August, 187-1.
Q. What makes yon fix it in Augsnt?
A. Because it was two or three weeks after tho
Times a i tide.
Q. What statement did you make in reply to
that ? A. I said “nonsense.”
Q. Was anything further said ?
A. He said about the same.
Mi-. Wheeler. — Mr. D’lnfreville in his testimony
< f yesterday made a reference to passages in Du
Moncell’s work. I desire to have them appear on
the recotd. They are as follows :
“Du Moncell.— Expose des Applications do 1’El-
ectricite,” vol. 2, pp. 102 and 1U8; vol. 3. rm 231
321, 323, 331, 4US and -122.
Mr. Whieler.— I desire to stnte so tlmt it may
appear on the record that Exhibit Z 4, a report of
Mr. Orton, was pat in evidence.
Mr.Buller.-Wo have put. in the answer to the
3S®"’ blll> “nd 1 desire to put in the answer
of Mr. Edison.
Mr Butler. We offer it for two purposes: In
tlie first place, to show that on tho 20th of Mav
1875, in answer to the bill, Mr. Edison put in a copy
of tho agreement, ExhibitB, with tho word “or” in
between automatic lelcgr:i| hy ” and “ mechanical
printors.” I do not care about tho statements of
the answer, been use they have been sworn to on
tho stand substantially. I desire to put in the
fact that in a proceeding between these plaintiffs
and these defendants tho mailer was brought to
their notice, and the Tact that the word “or!1 was
claimed to be in.
Mr. Lowrcy. — We could not admit that, because
whether or not, he claimed it is a matter of argu¬
ment. We admit that in the copy of the paper an¬
nexed to the answer in Chancery of Edison, and
which purports tube printed in 1875 (and I have no
doubt it was printed then; the word “ or” comes
between tho words “automatic telegraphs,” and
“ mechanical printers.”
Mr. Lowrey.— The date of tho answer is the 20th
of May, 1875, and the printed copy now shown, in
which this appears, was printed after that, some
Cross ■ exit in i nation qT T/tos. A. Edison hy Mr.
Dickerson :
Q. On the 0th of July. 1874, which is the day of
the dale of your agreement with Mr. Prescott, you
went with Mr. Prescott to the office of Porter,
Lowrey, Suren, and Stone to have that paper pre¬
pared, did you not.
A. T don’t know on what date I went there, but
I went there with him — yes, sir.
. Q. It was the day, was it not, when the paper
benrs date — on or about that time (
A. I suppose it was; yes, sir.
Q Are you certain tlmt you over went with Mr.
Prescott to that office, except on tlmt occasion 1
.A. I am not absolutely certain ; no, sir.
Q. Ou tlmt occasion, did you not have the ongi.
nal of that paper dated June 21st, 1874, with yon,
to show to tlie a ttorney there, who was to draw, or
did draw the agreement of July, Oth ?
A. I don’t know, but I suppose I must have had.
Q. Was that original paper all in your hand¬
writing? A. Yes, sir.
286 ^ils ^ Wl‘**'ten by yon with the same ink ?
A. Yes, sir.
Q. At the same time? A. ’Yes, sir.
Q. The additional matter, and the body of the
paper? A. Yes, sir.
Q. In tl t c t tl I yon have spoken of
with Mr. Orton somewhere about the 8th of July
1874, did not Mr. Orton say to you that he would
not give 810,000 for your automatic patents, but
they might be a good security for that amount of
money to him ?
A. He might have made that expression : I don’t
remember it. ’
287 Q. Don’ t you remember that you asked him this
question ; whether ho thought it would bo a fair
tiling for you to pledge your automatic patents
with him ; that is fair to the automatic peoplo ? •
A. I behove I asked him that question myself.
,, ;"r "ot ;SID' to you that he did not think it
would be fair? A. I think that was the answer.
Q. And did lie not say to you, now go down to
ti'em UnT-r M,Ul t,y f° b01TOW lh0 f>om
w’lmdV u IiT T U,Ml itt0jr°"’ 001110 back
effecV? l° y°"’ or wortls to t!iat
288 monej.110"’1 ^ 1,6 pro,,,isetl to le"d 1110 the
they woSmfll^it’to you f " l° COmo back if
u A. I don’t remember that part of the conversa¬
nt;,. re1 ti!' y°" 1'omembe1, that he said to you , go
A. that sounds familiar, but T can’t say that I
romembor him saying that.
Q. After the conversation that you laid with him
on Uie^subject, you did go down to Mr. Heirs?.
Q. And did you not tell him the conversation
you had had with Mr. Orton?
A. I mu not sure about it.
Q. \ on did not get the money from him at that
time ?
A. I think I told him 1 was trying to raise some
money from the Western Union Company.
Q. And did you not tell him the circumstances
under which you were trying to raise it?
A. I don’t know as 1 did.
Q. In that conversation with Mr. Orton you did
not propose to him then to cither lead you money
or pay you money for your qitndruplex at that
time, did you ?
A. Not on thu qiiadruplex ; no, sir.
. Q. Now in respect to the conversation with Mr.
Prescott, Unit you thought was in August of IS74,
being after the publication of the article in the
Times, sometime, don’t you remember that. Mr.
Prescott told yon that lie had been to see Mr. Ashley,
the editor of the Te/ei/nt /liter. in respect to what
was published in tile Teler/rap/ier alien t you and Mr.
Prescott, and that Mr. Ashley had said to him that
Mr. Craig made some claim f
A. I don’t remember that part of it. He merely-
said that Craig claimed the qiiadruplex.
Q. I am trying to get your mind toil time merely
ini account of this publication?
A. I don’t remember that part of it.
Q. Do you remember with any certainty, whether
tha t was in August, September or October ?
A. No ; I do not.
Q. Did you not Miy to him that your contract
yith Craig had never been carried out?
A. Perhaps I might have said that.
Q. And that it did not relate to this subject at.
.ill ; ir was nboufc a punching apparatus ?
A. If, did not relate to the quadruple*; [ don't
know as r said that. Perhaps, 1 might have said
oOo . (f- ,n fnct’ ■iro"r wnti-ucfc with Craig was about
* - making an- automatic porfoni for?
A. Yes, sir; in automatic telegraphy
2; your oonteM,t ,vith Mr*
tl,nQt' y0" "ot statu t0 Ml- P^scott at that time
SSS yT W,th Croig "htad «■
vefy likely ItdirembW tlmt »tatoii,ent ;
«. iSr0t te,,him Cmig’s claim was
A. I said “ nonsense.”
29.'! ? !el‘ded to an tomntic telegraphy i
■ ■ i said u was all nonsense, he claimimr rh.»
nn ‘''o Ti ’ r ""derany contract that I had witlMiim
(]0 - Q. I h.it. contract of Craig's was 18t»; We had it
here, and showed it to yon 1 \
A. I can’t tell ; the papers will tell.
Q. I hat contract with Craig was sometime hero.,,
your contract witli Mr. Harriiigton. was it not !
Iie-flhe.ct-e.xawi nation;
« ““
time, the body was? A. Yes sir S“mo
Q. Urlty was it not written -in the body then »
A. 1 don’t remember tlmt,.
»S SSfi,- “ I”" •** .» Om,
A. I think it was put in there to make it more
specilic, to show what particular kind of duplex
apparatus was referred to.
Q. What I want your attention to is, whether it
was your own suggestion, or the suggestion of
somebody else ? A. I could not rcinomhor that.
Q. Do you remember who was there when it was
Q- Prom anything tlmt has been asked you on
eross-examination, do you wish to alter your testi¬
mony, that you went down to Mr. Soren with a
paper, not Exhibit -hi.
Objected to ; objection sustained.
Q. You said you went home and got some paper
o show your interest in automatic telegraphy ?
A. Yes, sir.
Q. Was Exhibit 44 the paper you got to show
•our interest ! A. No, sir.
0. Did you keep a diary I Yes, sir.
Q. Can you fix the date that Mr. Edison got
ionic from Europe t A. Yes, sir.
Q. Have you looked at your diary, so that you
an tell t A. Yes, sir.
Q. What day did he sail ?
A. i t was April 23, 1873.
Q. Give us the date when lie got home (
A. Mu came back on Wednesday, the 2fith of
une, 1878.
Mr. Wheeler.— Wo have served on the defend-
nls a notice to produce the letters which Mr. Or-
ju said wore written by Mr. Craig to him, between
X>I3tJv°Br °f0l,e\J87J; u,,d th0 »«• of January
1870. We ask now for the production of thoselot
J{r- ^bkenon-We do not think wo can do
3 tiro has not been served!'5 °" ^ ** ^
Examined, by Mr. Wheeler :
Q. What is your profession ?
Office eXnm‘ner in tlle States Patent
UQS. Patent 'office? ■V°" be°" “n exa,n»>er in the
gut, Jf^T bee" " I,ri,,ciPaI exn,,*iner since An-
Q- What position, if am- ,15,1
office prior to that ? ‘ ’ .* 1 °«cupy in the
A Yes"'sir°" P,'0,"0te(1 to l,Ui‘n e™., inert
A. | ZZluZ ,',!.eV!,,,,i,,er ?f '"terferences »
the first of May x'1,lu,lel of interferences since
patent office? ' . as examiner in the
A. Since the summer or fall of ib7i ,
tidtfii '/ tl upn r "n fei 1°" ’ ““T* !“a c,mi'^ “f the elec-
C th,,t dufcy«*
you were instructed to and did make T*0"1 °?ice
t>on mto the meaning of the wo.ll of '“W"-
plied to telegraphy ? . «s ap.
A. l es, st ; .some time in the mouth of January,
1870, 1 was called upon liy the commissioner t<
report to him the meaning of the word.
Q. State what meaning that word had in April,
1871, if any ; as applied to telegraphy !
Mr. Wheeler: i will state why it seems to us
that we can introduce this testimony. We opined
that we should rely in our evideiicu-in-chief on the
popular nienning of the word ; but wo should, how-
aver, claim the privilege of rebuttal, if any evi¬
dence were introduced on the other side to show
that it had a scientific or technical meaning. On
the cross-examination of Mr. Edison, ail attempt
was made (I lefer to p. 208, fol. 105-1 of the record]
to show by him. that- the word “ fast” had a tech¬
nical meaning in the art. That attempt was re¬
newed in (lie examination of Mr. Farmer. There
is some tcstimoucy from both gentlemen on that
point.
'Jhe Court— 1 nin not disposed to go into this
question. I do not care to reopen the case for the
purpose of examining this matter.
Mr. Wheeler. — The difficulty here arises from the
fact that so large a portion of the defendant’s tes¬
timony was put in on the cross-examination of our
witnesses.
The Court— It you do not claim that there is any
avidenco in this case tending to show that, the word
“fast” has no technical signilicnnce, then they
will waive the question.
Mr. Lowrey.—We do claim so. It was claimed
in their testimony in answer to their gonoral ques¬
tion. II one witness was mistaken, they should
have called another, and not have waited until our
witnesses have actually gone, and the case is dis¬
persed. Air. Orton is to depart within the hour for
the West, and will not be here. It is a matter of
literature in which Air. Orton is specially versed
” e do not admit anything which rises fairly from
lie testimony. Suppose tips gentleman swears to
i technical meaning or signification or the word
fast, ’ we must set to work to prepare our case
° meet that.
The Court.— I think I won’t go into this any fur-
Lvidonco Georges d’ Infrcv
A. Yes, sir ; from 12 o’clock.
Q. You heard his testimony in regard to the. D’
Arlinco'urt relay ? A. Yes, sir.
Q, Is his testimony in regard to the number of
words which could be transmitted on that in accor¬
dance with your knowledge on that subject ?
A. This statement of Du Alonce! refers
to- a printing telegraph. The statement which
Mr. Fanner stated he had looked in the
hook about referred to the printing telegraph.
I have, of course, n full knowledge of the French
language; and 1 pointed out to Mr. -Fanner that
he had not read carefully that statement, but that
I could translate it word for word, and that therein
was described a printing telegraph. It was a num¬
ber of letters, and not a number of words. Here
is said substantially this: That Air. Du Afoncel
stated (referring to the printing telegraph) that on
a circuit of 700 kilometres, which would be about
liOO miles— New York to Buffalo, say about— they
have transmitted (I don’t know the number exactly,
but it is not very great) — and it can be ascertained
from the hook) about 40 letters a minute. On a
shorter circnit they had found practically no limit
to the manipulation ; that conveys to my mind that
it was transmission by the finger on a key-board.
There is another place in the book where D’Ar-
lincourt relay is said to be the best and most rapid
inexistence; it is then better than Mr. Afager’s
telegraph, and you have seen what reference is
made to Alager’s relay in an English book by the
American Commissioner in 1807. There is another
reference made to it in another part of the book
where it is said it can be used for repenting in auto¬
matic autographic telegraphy, and it has super-
seeled tlie invention of Lnmbrigot who line! found a
way to repent mitonintiosignals by chemical means.
Du Monacal says that the invention of Lnmbrigot, (if
I am correct about the name), of which much had
been said, was entirely forgotten[since Mr. D’Arlin-
court’s relay had been invented. This relay was
310 patented in 1800, in France.
Q. If I understand you the limitation which is
put upon the transmission in regard to D’Arlin-
court’s printing telegraph does not necessarily im¬
ply that the magnet is limited to that speed in its
working when separated from the telegraph ?
A. I don’t understand your question very well.
Q. If the D’Arlincourt relay magnet be separated
from the printing telegraph, would it work faster
or slower than in the telegraph 1 ■
A. Yes, sir ; it would work faster, because in the
printing telegraph, it lias to move a mechanism— an
311 escapement, etc.
Q. If substituted or used for the relay, as in case
90, and Exhibit V, it would have no mechanism to
A. No, sir. For practical use in automatic tele¬
graphy there is not the least doubt in my mind, nor
among the best electricians, in France, that this re¬
lay will follow any speed which is useful and used
in tills country.
Cross-examination hy Mr. .Dickerson :
Q. That is about 80 to 120 words perminute; you
spoke about the practical speed 1
312 A. If it is so, then it will take 80.
Q. I think you said the practical speed was from
80 to 120 words per minute ?
A. I said between Now York and Buffalo, but it
is far more than that between Now York and Phil¬
adelphia.
Q. It is from 80 to 120 from Now York to Buf¬
falo 1
A. Yes, sir, the practical speed ; but more can be
attained ; I have attained more than that on the
same circuit. It might have been practical too, but
it was experimental where I attained it.
lie-direct examination :
Q. IIow about the Washington circuit ?
ft A; wort1s 11 'Minute. I got more than
that, but I can swear to 000 words a minute. 318
Q. With the D’Arlincourt relay ? A. Yes sir
Q. How many times?
A. I made it over half a dozen times, but I can
swear to that number.
Q. Anybody else witness the experiment?
A. Mr. Ladonx, the chief operator in Washing¬
ton, and Mr. Hauff, the chief operator in New York,
were witnessing it, and the Intter made a report to
Gen. Eckert. Mr. Roche, the chief operator in
Boston, was receiving, and Mr. Ladoux and Mr.
lloclic, who were not knowing wlmt wo were ex¬
perimenting in New York, testified to the speed. .314
Mr. Ladoux told ino, “We are now fully turning
at 000 revolutions a minute.” He said 1000 at first,
and I asked him whether he was sure, and he said
0G0. I said, “Would you say 900?” “Oh, cer¬
tainly,” he said. Then I reported it to Gen. Eckert ;
The Witness. —I was wanting to speak of another
experiment, because the speed of transmission had -
been counted at other stations, but in another ex- ,
periment Mr. Daly, the manager of the office in
Now York, who is not an electrician, wanted to
count it himself, and did the transmitting and re-
The Court.— Never mind going into that.
lie-cross :
Q. Do you say that either with the D’Arlincourt
relay, or with the automatic, yon got 600 .words a
minute ?
A. I was repeating Tilth tile D’Arlincourt relay.
In some experiments I lmd made some improve¬
ment on it, hut in some, experiments I experiment¬
ed with the relay just as it is described.
Q. The experiment you last described running
COO words per minnte from Washington ; was that
the chemical telegraph or the D’Arlincourt relay 1
A. The chemical telegraph, receiving on chemi¬
cal paper.
Mr. Hodges. — With the D’ Ail i neon rt relay 1
A. Yes, sir ; receiving on chemical paper through
D’Arlincourt’ s relay, as, for instance, receiving on
a local sounder through a Morse relay.
Q. You used that ns a repeater !
A. On one occasion I was receiving from Boston
on a local upon chemical paper through D’Arlin¬
court relay.
Patent Office,
Washington, D. C., Juno 13th, 1877.
. It is hereby certified, that the records of this of-
iico shotv that between the dates of November 10th
1870, and January 30th, 1871, Samuel A. Duncan ,
was constantly in charge of the office, by reason or '
the resignation of the Commissioner, he having at
that time the rank of Assistant Commissioner.
On January 30th, 1871, M. D. Leggett was ap¬
pointed Commissioner, and from that date until
June 6th, 1872, Assistant Commissioner Duncan
j appears to have acted ns Commissioner at various
times. Tlie last recorded official act by the said Dun¬
can, as Acting Commissioner, was May 16th, 1872.
He resigned June 6th, 1872.
| In testimony whereof, I, Ellis Spear, Commis¬
sioner of Patents, have hereunto caused 8
j the seal of the Patent Office to be affixed,
j 4 this 13th day of June, in the year of our
i * j [seal.] Lord one thousand eight hundred and
If. seventy-seven, and of the Independence
j of the United States the one hundred
I and first.
ELLIS SPEAR,
Commissioner.
A NOTE ON THE SOURCES
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are in generally good condition in the original. There
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reproduce satisfactorily. We have made every
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Corporation
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Westinghouse Educational Foundation
Wisconsin Public Service Corporation
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National Historic Site
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CORPORATE ASSOCIATES
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Copyright *1985 by Rutgers, The State University
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The original documents in this edition are from the archives at the Edison National Historic Site at West
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/]
lomaa afi) ifcoru'
A SELECTIVE MICROFILM EDITION
' PARTI
(1850-1878)
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Microfilm Editor and Associate Editor
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1985
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